Kinter v. Baskin

HODGES, Justice.

In a tort action petition was filed by plaintiff and defendant demurred. The demurrer was overruled for failure by de-murrant to present the matter. Defendant was given ten days to answer. No answer was ever filed. The cause in that state of the pleadings was set on a pre-trial docket. The pre-trial hearing was passed to the next pre-trial docket at plaintiff’s request. On the next setting of the pre-trial defendant appeared by counsel but plaintiff did not. The trial judge thereupon on April 5, 1971, dismissed the action without prejudice for want of prosecution.

Fifteen…