Stein v. Goodenough

The opinion of the court was delivered by

Gummere, Chief Justice.

This is an action in replevin. The purpose of the plaintiff in error (the plaintiff below) in suing out the writ of error was to review a ruling of the Circuit Court directing a nonsuit to be entered against him for failing to move the trial of the cause when it was called. It appears from the return made to the writ that although a rule was entered in the minutes of the Circuit Court directing “that judgment of nonsuit be entered in favor of the defendant and against the plaintiff,” no such judgment has in fact been entered. It…