Ryan v. Phoenix Insurance

This is an appeal from an order refusing to vacate a judgment of voluntary nonsuit and to reinstate the cause for trial. The petition was filed in the district court of Marion County on April 27, 3925, and the cause of action voluntarily dismissed by the plaintiff, appellant herein, on February 16, 1926. A few days later, and during the same term of court, appellant filed a motion, supported by affidavit and containing a showing of merits, to set aside and vacate the order of dismissal and to reinstate the cause for trial. After a hearing upon the motion, at which counsel for appellee were…