Anderson's v. . Anderson , 1 N.C. 20 ( 1789 )

said he would consider the words in the act of the assembly (1786, 14, 5, 585), "SHALL dismiss," as if they had said "MAY dismiss" — and they were not obliged to dismiss it, and if the plaintiff was ready with his declaration they would not dismiss the cause at the second term.

SPENCER, J., concurred.