Piper v. Reder

Plaintiffs appeal from an order entered on a petition under section 72 of the Civil Practice Act. The order reinstated an action which had been dismissed for want of prosecution while the cause was pending before a master in chancery for a hearing of defendants’ “Suggestion of Damages.”

The issue before this court is the propriety of the order under the facts set forth in the petition, answer and reply. The vacating order entered on June 1, 1965, by Judge Daniel A. Covelli, states: “[T]he Court finds that this cause was pending before Master Henry E. Perry on said date and if this fact had…