Mr. Justice STORY delivered the opinion of the court, to the following effect:
The rule of the court for docketing and dismissing causes has never been applied to any cases, where, before the motion was made, the cause had been actually placed on the docket. In the present case, the motion to dismiss, and the motion to docket the cause, are contemporaneous. The court are of opinion, that, under such circumstances, the motion to docket the cause ought to be allowed...
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