Lunghino v. Marine Trust Co.

This action for malicious prosecution was commenced May 11, 1933. On June 10, 1935, an amended complaint was served, and the case was noticed for trial and placed on the calendar for the September, 1935, term. October 30, 1936, it was on motion of defendants placed on the ready cause calendar, and on November 5, 1936, when called at calendar call it was duly and regularly moved for trial by defendants and assigned to a trial part, and upon plaintiff’s failure to appear and proceed with the trial the complaint was dismissed and judgment entered to that effect, with costs.

Upon this motion…