Flanagan v. Smith

This was originally an action brought by plaintiff, Flanagan, against defendant, Smith, in the Justice’s Court on a promissory note in 1851. The cause was continued several times at the instance of the defendant. After August of that year no action of any sort appears to have *494been taken in relation to the suit by either of the parties or the Justice, until some time in the Spring of 1856,—a period of more than four years having elapsed,—when plaintiff'appeared before the Justice and demanded judgment on the note. Defendant moved to dismiss the case for want of prosecution, which, at the next…