Arthaud v. Griffin

This proceeding involves the question as to whether or not the district court exceeded its discretionary-power in dismissing plaintiff’s action, under Sections 11245 to 11248, both inclusive, of the 1924 Code. Determination of the point necessitates a study of that legislative enactment as applied to the peculiar facts and circumstances presented in the case at bar.

Historically, the steps taken and the results thereof are as follows: On August 8, 1925, appellant, as plaintiff, filed his •petition. Appellee, then defendant, on September 1st of that year, moved to strike such pleading, for the…