Dawkins v. . Phillips

Pee CuexaM.

C. S., 1444, provides that at criminal terms of tbe court “motions for civil action may be beard upon due notice, and trials in civil actions may be beard by consent of tbe parties.” The order to dismiss was made at a special criminal term, and without notice being given of such motion. This being a civil action, tbe judgment of dismissal must be

Reversed.