Hurst v. Selvidge

Decided September 15, 1847

Tennessee Supreme Court · decided 1847-09-15

In this case in the Circuit Court of Grainger, May Term, 1846, a motion iras made by the defendant for a judgment of non pros for want of replication. At the •January Term, 1847, the defendant amended his plea. At the September Term, 1847, on Saturday, the 28th of August, a general continuance of all cases on the Civil Docket not litigated, was entered.

Decided 1847-09-15

By the COURT:

¶1After the continuance of the cause no rules or proceedings could be had in it until the succeeding term.*

¶2Judgment reversed, and cause remanded.

¶3 A general continuance of all causes at the end of the Term -will prevent a discontinuance, without an entry of continuance in each particular case. Peck, J., in Johnson v. Ditty, 7 Yerg. 85-87. But see King of Spain v. Oliver, Pet. C. C. 217, where it was held that the continuance of a cause by consent does not discharge a rule for trial or non pros.