Rogers v. Yates ( 1871 )

NicholsoN, C. J.,

delivered the opinion of the Court.

The first entry, stating that the plaintiff dismissed bis suit, was, in fact, a non-suit or nol pros., and was properly set aside upon tbe affidavit.

Tbe Court determined, by its action on tbe motion, tbat tbe first order was a non-suit, and restored tbe cause to tbe docket. It was error at a subsequent term to erase tbat entry and strike tbe ease from tbe docket: See Meigs’ K,., 547.

Judgment reversed, and cause remanded.