Smith v. Third National Bank

On the 10th day of the March term, 1874, of the Superior Court, plaintiff moved the court to enter upon the trial of this cause forthwith, but defendant objected, for the reason the cause had not then been reached for trial in its order upon the docket, nor had the cause been set for trial for any day in that term, or in any prior or subsequent term. Notwithstanding the objections, the court proceeded with the trial, and rendered judgment for plaintiff.

The action was in assumpsit, and the only plea was, the general issue. Whether the rule, which had previously been adopted in relation to the…