Lat. If, In the proceedings in an action at law, the plaintiff neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for that purpose, the defendant may enter judgment of non pros, against him, whereby it is adjudged that the plaintiff does not follow up (non prosequitur) his suit as he ought to do, and therefore the defendant ought to have judgment against him. Smith, Act. 96; Com. v. Casey, 12 Allen (Mass.) 218; Davenport v. Newton, 71 Vt 11, 42 Atl. 1087; Buena Vista Freestone Co. v. Parrish, 34 W. Va. 652, 12 S. E. 817.

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