Supreme Court of Alabama November 15, 1894 (Torrey v. Bishop)

McCLELLAN, J.

If the consolidated cause of Torrey v. Bishop and Forbes was not at issue at the Spring tei’m, 1893 of the Baldwin circuit court, that court was without authority to impose terms upon the plaintiff as a condition to a continuance, and the judgment of dismissal entered at the succeeding term for the failure of the plaintiff to comply with the terms thus imposed was erroneous.