James Bros. Co. v. Union B. & T. Co. of DuBois

Opinion

by Mr. Chief Justice Bell,

This is an. appeal by the plaintiffs from a Judgment of non pros, entered in favor of the defendant Union Banking and Trust Company, of DuBois. The question involved is whether the plaintiffs’ delay in prosecuting this case was so great, and the resulting harm to the defendants so prejudicial as to warrant the entry of a judgment of non pros.

Crystal Springs Water Company, one of the plaintiffs, was the owner of 1,030 acres of wooded land; the Water Company was indebted to the defendant Union Banking and Trust Company in the amount of $40,000, secured by a…