Curtis v. Lindsey

Frankum, Judge.

On November 6, 1964, the judge of the Superior Court of Clayton County passed the following order in this case: “This case being called in its regular order and there being no response by the plaintiff or defendant, the same is hereby dismissed for want of prosecution.” Thereafter, the plaintiff made a written motion, the effect of which was that the case be reinstated. This motion was sworn to by the plaintiff and tendered to the judge who issued a rule nisi thereon on July 2, 1965. No reason was stated in the motion itself or in the plaintiff’s affidavit why the motion was…