Hunt v. Griffin

Citations

• 49 Miss. 742

Syllabus

<p>1, Circuit Court Practice — -Judgment oeDishissai,. — When a cause in the circuit court ivas dismissed, at the April term, 1872, and at the April term, 1873, on motion to docket the case again, the court overruled the motion. Meld: That this judgment of tho court was correct. An order on the minutes,'being a mere entry ot “dismissed,” is informal, yet the olerij has no right to disregard it, and continue the cause on the docket.</p> <p>2. Same — Discontinuance.—A discontinuance is either voluntary or involuntary f yoluntary whore the plaintiff withdraws his suit j involuntary when, in consequence of some technical omission, mispleading, or the like; the suit is regarded as out of court, A .discontinuance is somewhat similar to a non-suit, for whon a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly, from time -to time, as ho ought to do, the suit is disoonthmed, If a ease he nonpross., and not reinstated at tbesame term, it is discontinued, and cannot he reinstated at a subsequent term.</p>