C. I. T. Corporation v. Teague

Opinion of the Court by

Chief Justice Fulton-

[Reversing.

This is a motion for an appeal from an order or judgment dismissing appellant’s petition for want of' prosecution in an action to recover a balance of $308.99-alleged to be due on a note.

The action was filed in October, 1939, and the pleadings were completed, in April, 1941. Trial was set for April 12, 1941, and the action was dismissed for want of' prosecution on failure of the plaintiff or its attorney to appear*at the trial. The order of dismissal was set aside pursuant to motion, supported by affidavit showing good cause for failure…