Wingert v. Anderson

Opinion by

Mr. Justice Linn,

This appeal is from an order discharging a rule to show cause why judgment of non pros, should not be entered in this action of assumpsit for want of prosecution. As the order is discretionary, we inquire only whether there has been abuse of discretion, and as the elements generally to be considered in such review were recently stated in Potter Title, etc., Co. v. Frank, 298 Pa. 137, 148 A. 50, we need not again repeat them.

The suit was brought in 1913 against three defendants, Anderson, Beach and Corbet. The docket entries show that the case was actively litigated…