Seth Seiders, Inc. v. Adel Clay Products Co.

This is an appeal from an order of the district court of Dallas county vacating a judgment of dismissal and reinstating the case on the calendar. In January, 1930, plaintiff, a corporation, commenced its action against the defendant for an amount claimed due under a written contract. Defendant filed answer and the cause was at issue. On March 28, 1932, the court on its own motion entered the following order: “Case is dismissed under the rules, without prejudice, and judgment against the plaintiff for costs.” On December 24, 1932, the plaintiff filed its petition to set aside the.order and…