Burke v. Grubbs

Atkinson, Justice.

(After stating the foregoing facts.) 1. The plaintiff through his counsel filed an application in the trial court, praying for a stay of the proceeding under the provisions of the soldiers’ and sailors’ civil relief act of 1940 (50 U. S. C. A., § 521, cumulative annual part), as follows: “At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion,…