New York Beverage Company v. Horvath

Opinion op the Court by

Judge Clay

Granting the appeal and reversing.

On September 16,1921, the New York Beverage Company sued Jim Horvath in the Harlan circuit court to recover on an open account. At a special term held in July, 1922, the action was dismissed for want of prosecution. At the next term the plaintiff moved the court to set aside the order of dismissal, but the motion was overruled. Plaintiff has asked an appeal.

It is not clear from the record whether the special term was called under section 964 or 964a, Kentucky Statutes. If under the former and the style of the case was not…