Malone v. Barton

On Rehearing.

Our original opinion was based upon the conclusion that the trial court entered a void order in reinstating the case on the docket at a term subsequent to the one at which same had been dismissed for want of prosecution. That is clearly a sound conclusion, provided the court had the authority to enter the first order of dismissal. We stated in our original opinion that the first order of dismissal was not appealed from, and that we must therefore assume its regularity.

A careful reconsideration in the light of an opinion of the Commission of Appeals, published since our original…