Griffith v. Mitchell

The constitution declares: “The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case — unless prevented by providential cause, — it shall be stricken from the docket, and the judgment below shall stand affirmed.” Civil Code, § 5837. The 24th Rule of the Supreme Court provides: “ On the call of a case, if the plaintiff in error be unrepresented, counsel for defendant in error may move to open the record and insist on an affirmance of the…