Woodall v. Exposition Cotton Mills

1. When a case is sounded for trial, the parties should immediately announce ready or move to continue. If five minutes should elapse before the announcement or motion, the plaintiff’s case may be dismissed. Superior Court Rule 21, Civil Code (1910), § 6280.

2. Where a defendant has only pleaded matter which goes to defeat the plaintiff’s cause of action, and does not ask for the recovery of money or relief against the plaintiff, and the plaintiff fails to appear and prosecute his case, it is error do allow the defendant to prove his defense and to take a verdict in his favor, and thus procure…