Norwood, Adm'r v. Buffey

Rebecca Faye Dowdy died on May 17, 1952, and on May 15, 1953, her administrator, C. Willard Norwood, instituted action against Walter H. Buffey under the death by wrongful act statute, § 8-633, Code of 1950. On November 5, 1953, the court entered the following order:

“This day came the plaintiff and the defendant, by counsel, and the plaintiff failing to further prosecute his suit, on his motion, it is ordered that he be non-suited, paying to the defendant five dollars ($5.00) damages according to law, together with his costs by him about his defense in this behalf expended.”

On the same day…