Opinion
JANUARY TERM, 1789.
Lewis, for the Plaintiff, now objected to the trial's coming on; and Moylan insisted that he was entitled to a Non pros.
MOYLAN had entered a rule for trial at the last term or Non-pros. The rule being continued 'till this term, a plea was added, and particular facts referred; and upon these a report had been made a few days before the day appointed for the trial of the cause.
The subsequent plea and reference virtually vacate the previous rule for trial or Non pros. The cause must, therefore, be continued under a new rule.