
    Ustick v. Jones.
    The court are not concluded toy an entry of tlieir clerk, which has no legal import or signification.
    ERROR, to reverse a judgment of the County Court, in an action Ustick v. Jones, which action was duly entered in the docket; and in the course of calling, the clerk was informed that said cause was settled, upon which it was omitted to be called, and the clerk entered against it, done; in this situation it lay several days, when the defendant informed the court, that it was not settled and moved to have it called; that the suggestion of its being settled was a mistake; upon which the court ordered said cause to be called, and it was appeared in, and was adjourned with the court to January 1792; when a judgment was entered against the plaintiff upon a nonsuit, for the defendant to recover his cost.
    Error assigned — That said action was discontinued and out of court and could not be revived.
   By the Court.

There is nothing erroneous in the judgment complained of; it doth not appear that the action, was discontinued, or out of court; the entry of the word, done, in the docket by the clerk, might be a memorandum which he understood, but has no legal import which can govern the court or the cause.  