Tennessee Supreme Court April 12, 1871 (Rogers v. Yates)

NicholsoN, C. J.,

delivered the opinion of the Court.

The first entry, stating that the plaintiff dismissed *258bis suit, was, in fact, a non-suit or nol pros., and was properly set aside upon tbe affidavit.

Tbe Court determined, by its action on tbe motion, tbat tbe first order was a non-suit, and restored tbe cause to tbe docket.