Smith v. Davids

by Supreme Court of the United States

SMITH verſus DAVIDS.

A

RULE for trial, or Non pros, was taken in September Term, 1787, and notice at bar was entered on the docket. The cauſe was afterwards continued, generally, ‘till January Term,1789, and no notice given.

The cauſe being now marked for trial, the Plaintiff moved to put it off.

But the court held, that the rule for trial or Non pros was continued ; and that no new notice was neceſſary. It, therefore, the Plaintiff does not go on to trial, the Defendant is entitled to a Non pros.