Lauferty v. Prickett

Suit before a justice of the peace, on an account. The plaintiffs not appearing at the time of trial, the justice rendered the following judgment:

“ And now, to wit, on the day and at the hour set for trial, as above stated, comes the defendant, and the plaintiffs, being three times called, come not, but make default. It is therefore considered that they be non-suited, that this cause be dismissed without prejudice, and that the defendant recover of the plaintiffs his costs in this suit expended.”

From this judgment, the plaintiffs below appealed to the circuit court. On motion of the defendant…