51 Tenn. 257
Decided April 12, 1871
Tennessee Supreme Court · decided 1871-04-12
EROM WEAKLEY. Circuit Court, June Term, 1868, before Jro. A. Rosers, J., tbe following entry was made: “ Came tbe plaintiff by attorney, and dismisses Ms suit. Held: and this cause be re-instated upon the docket.” At the October Term, 1869, the court’, on motion, struck the cause from the docket, because the cause' had been dismissed; from which order the plaintiff appealed.
Decided 1871-04-12
¶1delivered the opinion of the Court.
¶2The first entry, stating that the plaintiff dismissed *258bis suit, was, in fact, a non-suit or nol pros., and was properly set aside upon tbe affidavit.
¶3Tbe Court determined, by its action on tbe motion, tbat tbe first order was a non-suit, and restored tbe cause to tbe docket. It was error at a subsequent term to erase tbat entry and strike tbe ease from tbe docket: See Meigs’ K,., 547.
¶4Judgment reversed, and cause remanded.