¶2The subsequent plea and referrence virtually vacate the previous rule for trial or Non pres. The cause must, therefore, he continued under a new rule.
1 Dall. 405
Halhead v. Ross
Supreme Court of the United States
Decided January 15, 1789
Supreme Court of the United States · decided 1789-01-15
<p>MOYLAN had entered a rule for trial at the last term or Non-pros. The rule being continued ’till this term, a plea was added, and particular facts referred; and upon these a report had been made a few days before the day appointed for the trial of the cause.</p> <p>now objected, to the trial’s coming on; and Moylan insisted that he was entitled to a Non pros.</p>
Decided 1789-01-15