Tennessee Supreme Court September 15, 1853 (Yancey v. Marriott)

Caeuthees, J.,

delivered the opinion of the court.

After judgment, final by default against Stuart, and at the next term of the court, upon motion, the same was set aside and a nolle prosequi entered as to him. Two days after this proceeding, the cause came on to be tried, against John Tancey, the other defendant charged as a partner.