Nieman v. Wintker

This was assumpsit, by plaintiff in error against defendants in error, on three promissory notes. Suit was brought to the April term, 1876, of the court, and, at that term, non assumpsit and two special pleas, concluding to the country, were pleaded; after which, by agreement of parties, the cause was continued. At the next term, the cause was continued on motion of plaintiff in error. At the next term, being the April term, 1877, on Wednesday, the third day of the term, the suit was dismissed for want of prosecution.

It is claimed the court erred in dismissing the suit for the want of…