Hurst v. Ker , 1 Wash. C. C. 189 ( 1804 )

WASHINGTON, Circuit Justice.

I am satisfied with this answer. I did not know that such was the practice here. I was misled by the Virginia practice, where it is the clerk’s duty to put down the causes on the trial docket, as soon as they are at issue. But if only the plaintiff can do this, unless hastened by a proviso rule, we ought surely to grant it' Rule granted.