Emcee Corp. v. George

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

August 4, 1936, plaintiff brought an action of replevin against defendant to recover certain specified personal property. Defendant was served but the property was not taken on the writ. The writ was returnable August 17. On that day an order was entered postponing the case until the next day, and at that time an order appears in the record reciting that the cause came on in regular course for trial, and plaintiff failing to appear suit was dismissed for want of prosecution. Four days later, September 22, an order was entered…