Abe Stein Co. v. Wood

This action of assumpsit was commenced in the circuit court for Schoolcraft county on June 22, 1905. After issue was joined the plaintiff noticed it for trial at the September term of that year, when it was continued by consent of counsel. Four terms afterwards passed without notice of trial by either party. It was dismissed in April, 1907, on motion made under and in accordance with the provisions of 3 Comp. Laws, § 10252, judgment of nonsuit being entered. It is before us on error at the instance of the plaintiff. Section 10252 provides :

“When an issue of fact shall be joined in any cause,…