Jennings v. Doyle

The moving of these cases by respondents for trial when they were reached on the day calendar was equivalent to a trial. (Jones v. Case, 38 How. Pr. 349, 351.)

But the inquest directed in No. 3 appears never to have been taken, so that with the adjournment of the term the question sought to be raised by the appellant in No. 3 has really become academic.

Beferring to the three cases in the order in which their titles appear on the cover of the Becord on Appeal:

*489In No. 1, the decision putting the case over the term was simply a ruling made in the course of the trial, on which no order could…