39 Ala. 320 | Ala. | 1864
Eor more than a year after tbe certificate of tbe reversal of a former decree in tbis case was received by tbe probate judge, no step whatever was taken in tbe cause, but it appears to bave remained without notice or attention, either by the court or tbe parties. Under tbe later decisions of tbis court, it is well settled, tbat such facts do not constitute a discontinuance. No mere neglect of tbe Court to docket tbe cause and call it for trial, or mere omission of counsel to cause it to be docketed and called for trial, can, under our decisions, operate a discontinuance. But it would be otherwise, if tbe cause bad, by tbe active agency of tbe party or her counsel, been taken from tbe docket.—Ex parte Remson, 31 Ala. 270; Harrell v. State, 26 Ala. 52; Brown and Wife v. Clements, 24 Ala. 354; Drinkard v. State, 20 Ala. 9; Wiswall v. Glidden, 4 Ala. 357.
Affirmed.