Roy v. Thompson

1 Duer 636

Opinion

But it"is only a judgment of dismissal that can be founded upon such a motion. When a defendant claims affirmative relief, legal or equitable, the duty of an actor in bringing the cause to trial devolves upon him. He can only obtain the relief, when the cause is brought to a trial, upon his own notice, or that of the plaintiff. (Vide No. 21, of the rules of the Supreme Court, as last amended.)