McKegg v. Crawford

by Supreme Court of the United States

1788.

M^cKEGG verʃus CRAWFORD.

I

N this caufe there was a rule to try next term, or non pros ; the term being clapfed, Levy, at the fettlement of the dockets, figned the non pros in the Prothonotary's office; an not Armʃtrong moved to fet it afide.

SHIPPEN,Preʃident :– This is not like a rule to plead, or declare ; for, at rial is a thing that muft be in the face of the country. A non pros of this kind, ought, therefore, to be moved for in Court, when the Plaintiff may affign reafons for the delay of trial.

the court feemed fatisfied that the non pros ought to be fet afide, but at the requeft of Levy, who thought he could produce fome authorities on the fubject, they only granted a rule to fhew caufe &c. The rule, however, was afterwards made abfolute.