Larman v. Tisdale's Heirs

MR. STANTON, of counsel for the defendants in error, moved the court, on the 28th of February, 1851, to dismiss this case, under the fifty-fourth rule of the court, which rule is repeated amongst the preliminary matter in 8 Howard, and is as follows:--

'No. 54.

'Ordered, that where an appearance is not entered on the record for either the plaintiff or defendant on or before the second day of the term next succeeding that at which the case is docketed, it shall be dismissed at the costs of the plaintiff.'

Whereupon this court, not being now here sufficiently advised of and concerning what order to render in the premises, took time to consider.

On the 4th of March, 1851, Mr. Chief Justice TANEY delivered the opinion of the court.