Roger B. Taney

“ The motion to reinstate addresses itself to the sound discretion of the court; and care will always be taken, in granting the rule, that no injustice is done to the opposite party. In the case of Owings v. Tiernan's Lessee, 10 Pet. 24, the motion to dismiss, and the motion by the plaintiff in error, to docket the case, were contemporaneous; and the court said, that the motion of the plaintiff ought had been sued out although in that case it appeared, that the writ of error had been sued out to the preceding term of this court. ”