
    Halhead v. Ross et al.
    
    
      Practice. — Rule for trial or non-pros.
    
    Moylan had entered a rule for trial at the last term or nonpros. The rule being continued until this term, a plea was added, and particular facts referred; and upon these, a report had been made, a few days before the day appointed for the trial of the cause.
    
      Lewis, for the plaintiff,
    now objected to the trial’s coming on ; and Moylan insisted that he was entitled to a nonpros. But by—
   *McKean, Chief Justice.

The subsequent plea and reference virtually vacate the previous rule for trial or non-pros. The cause must, therefore, be continued, under a new rule.  