
    *Thornton v. Corbin.
    [Wednesday, May 12th, 1802.]
    (Ante, 221.)
    Practice — Dismissal of Suit — Re-docketing.—If a suit be dismissed, by surprise of the appellant, it may be re-docketed at a subsequent term.
    
      
      
         See foot-note to Thornton v. Corbin, 3 Call 221. The principal case is cited with approval in Casanova v. Kreusch, 21 W. Va. 729; Beasley v. Owen, 3 Hen. & M. 449; Emory v. Erskine, 7 Leigh 269.
    
   The appellant having this day produced further affidavits, proving the surprise; the order, discharging the rule for shewing cause, why the suit should not be re-docketed, was set aside ; and the cause put upon the docket again, in the place in which it formerly stood.  