Majority
p. 363*McKegg v. Crawford.
Syllabus
Practice. — Nonpros.In this cause, there was a rule to try next term, or non-pros. / the term being elapsed, Levy, at the settlement of the docket, signed the non-pros, in the prothonotarfs office ; and now, Armstrong moved to set it aside.
This is not like a rule to plead or declare ; for a trial is a thing that must be in the face of the country. A non-pros, of this kind ought, therefore, to be moved for in court, when the plaintiff may assign reasons for the delay of trial.
The Court seemed satisfied that the non-pros, ought to be set aside, but at the request of Levy, who thought he could produce some authorities on the subject, they only granted a rule to show cause, &c. The rule, however, was afterwards made absolute.