
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1804.
    Executor of Castell v. Fleming.
    
      M cause may be continued on the'docket more than four terms, upon cause' shewn,.notwithstanding the iule of court; and it should not be stricken off against the wish of the pames. The rule was made for the benefit1 and convenince of the parties, rather than of the court.
    Motion to reinstate the' cause on the docket, in Sumter district. It had been oh the docket for six terms, and- had" been postponed at every term, except the last, at the instance of the defen» dant. At the last court in Sumter district, it was agreed by the parties to let the cause stand over. Grimke, J., however, when it was-galled, ordered that it should be tried» or struck off the docket;. and-the parties not being pn pared for trial, it was struck off. The judge th >ught he was bound by the twenty second rule of court, to dis; Pose ()i >bo cause, that it might not remain longer on the docket.
    Blandía g, for the plaintiff; Simons, for defendant;
   Per Curiam.

( U1 the judges present, except Lee, J.)

The’ ru|e ()† court been too rigidly expounded. It was not intended to dimisg tiom the den ket, at all events, causes which shall be standing on it tor four terms. Good reasons may be shewn, why a cause should be contiued for a rriuch longer time. If the parties consent, there can he reason why the cause should not be con; tinned. The rule a as made for the benefit and convenience of the parties, rattier than of the court.

Motion allowed.  