AT the last term a non pros. had been entered by consent, on a presumption, that, at the preceding term, a rule to try or non pros. 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...
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