
    J. W. Rogers v. I. W Yates, Adm’r.
    1. YoN-suxt. Dismissal, nol pros. The dismissal of a cause is equivalent to a nol pros., or non-suit, and may he set aside hy the description of a non-suit, at the same term at which it is entered.
    
      2. Recoed. Power of Court over, after adjournment of term. Such entry, setting aside a dismissal hy the description of a non-suit, being entered at the term, cannot he set aside at a subsequent term.
    EROM WEAKLEY.
    Circuit Court, June Term, 1868, before Jro. A. Rosers, J., tbe following entry was made: “ Came tbe plaintiff by attorney, and dismisses Ms suit. It is therefore considered,” etc. At tbe same term, tbe following entry was made: “In tbis cause it is ordered by tbe court that tbe non-suit heretofore taken in tbis cause, be set aside and for nothing held, and this cause be re-instated upon the docket.” At the October Term, 1869, the court’, on motion, struck the cause from the docket, because the cause' had been dismissed; from which order the plaintiff appealed.
    B. B. Edwards, for the plaintiff.
    M. D. Cardwell,, for the defendant.
   NicholsoN, C. J.,

delivered the opinion of the Court.

The first entry, stating that the plaintiff dismissed bis 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. It was error at a subsequent term to erase tbat entry and strike tbe ease from tbe docket: See Meigs’ K,., 547.

Judgment reversed, and cause remanded.  