¶1I am satisfied with this answer. I did not know that such was the practice here. I was misled by the Virginia practice, where it is the clerk’s duty to put down the causes on the trial docket, as soon as they are at issue. But if only the plaintiff can do this, unless hastened by a proviso rule, we ought surely to grant it' Rule granted.
12 F. Cas. 1038
Hurst v. Ker
U.S. District Court
Decided October 15, 1804
U.S. District Court · decided 1804-10-15
This ejectment, and many others, were returned to April term, 1803, and were then put to issue, the defendants agreeing to enter into the common rule.
Decided 1804-10-15