Tydon v. Spong

This appeal is from the action of the Circuit Court for Garrett County in restoring to the trial docket a damage suit which, under Rule D of the Rules of Court of the Fourth Judicial Circuit of Maryland, had been removed therefrom after it had remained untried for four successive terms of court and had not been reinstated by either party before the beginning of the fourth term next after it had been removed. Rule D provides that, in such circumstances, “* * * said cause shall be considered as non prossed, unless enjoined or under rule reference, or awaiting the decision of other cases…