Heard v. Estate of Frye

RUARIC, Judge.

This is an appeal “from the judgment entered in favor of the * * * defendant, by virtue of overruling plaintiff’s motion for new trial on the 29th day of April, 1959.”

On January 3, 1957, plaintiff filed an action against the estate of Grant Frye, deceased. On January 17, 1957, defendant filed motion to dismiss because the petition failed to state facts upon which the relief prayed for could be granted.

On July 1, 1957, the motion to dismiss was sustained. On September 19, 1957, plaintiff filed a motion to set aside the dismissal and reinstate the cause on the docket. The reason…