Legal Opinion

Hurst v. Selvidge

Tennessee Supreme Court

Decided September 15, 1847PublishedCited by 45 opinions

In this case in the Circuit Court of Grainger, May Term, 1846, a motion iras made by the defendant for a judgment of non pros for want of replication. At the •January Term, 1847, the defendant amended his plea. At the September Term, 1847, on Saturday, the 28th of August, a general continuance of all cases on the Civil Docket not litigated, was entered.

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In this case in the Circuit Court of Grainger, May Term, 1846, a motion iras made by the defendant for a judgment of non pros for want of replication. At the •January Term, 1847, the defendant amended his plea. At the September Term, 1847, on Saturday, the 28th of August, a general continuance of all cases on the Civil Docket not litigated, was entered. On the succeeding Saturday the defendant renewed his motion for a non pros, upon which the Court entered up a judgment of dismissal against the plaintiff, from which he appealed in error to this Court.

1Opinion of the Court

By the COURT:

After the continuance of the cause no rules or proceedings could be had in it until the succeeding term.*

Judgment reversed, and cause remanded.

A general continuance of all causes at the end of the Term -will prevent a discontinuance, without an entry of continuance in each particular case. Peck, J., in Johnson v. Ditty, 7 Yerg. 85-87. But see King of Spain v. Oliver, Pet. C. C. 217, where it was held that the continuance of a cause by consent does not discharge a rule for trial or non pros.

2Cited by45 opinions

  1. Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
  2. State v. WrightOregon Supreme Court · 1909
  3. Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
  4. Oliver v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1902
  5. Austin v. BarrettSupreme Court of Iowa · 1876

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