¶1 —The nonsuit cannot be set aside, without laying some ground by affidavit or otherwise upon which the court can proceed. The court cannot take the bare suggestions of the party.
¶2 Rule discharged.
1 Tenn. 49
Dearing v. Taylor
Tennessee Superior Court for Law and Equity
Decided September 6, 1804
Tennessee Superior Court for Law and Equity · decided 1804-09-06
When this suit was called, Lowry, the plaintiff’s attorney suffered a non-suit, & obtained a rule to shew cause why it should be set aside. Upon its being called again on one of the argument days, the plaintiff’s counsel suggested to the court several reasons for setting the non-suit aside.
Decided 1804-09-06