¶1AT the last term a non pros. had been entered by consent, on a presumption, that, at the preceding term, a rule to try or nonpros, had been obtained. On examining the record, however, no such rule was entered; and now Thomas and E. Tilghman objected to take off the non pros, notwithstanding the mistake, unless the plaintiff was put on the same footing, as if the mistake had not happened, by entering a rule to try or non pros, as of the last term, so that it might operate at the present term, should the trial be postponed by the plaintiff’s laches. Lewis, for the plaintiff, said he thought the proposition reasonable; and the rule was entered accordingly, by order of the Court.
2 U.S. 266
German v. Wainwright
Supreme Court of the United States
Decided January 1, 1796
Supreme Court of the United States · decided 1796
Cited in Bouvier (1839)’s definition of “Cancellation” · Case Law’s definition of “cancellation of subsequent will”
Good law ✅— No negative treatment on recordhow we know
Decided 1796
How this case has been cited
Cited by 11 later decisions (1 by the Supreme Court) — most recently October 1939
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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