Burnett v. Johnston

I can not concur in the rulings announced in the headnotes, for three reasons: (1) A motion to *239reinstate a cause dismissed for want of prosecution, which presented no reason why the judgment of dismissal, with costs upon the plaintiff, should be set aside, other than that counsel decided, on his own motion, that his client’s cause would not be reached for trial on the day previously set, and that his absence was due to other pressing business, is subject to general demurrer. (2) Though motions of this character are addressed to the sound judicial discretion of the court, yet it is equally…