Pociunas v. American Sugar Refining Co.

Per Guriam.

This is an appeal from an order denying defendant’s motion to dismiss the complaint for neglect to prosecute. The affidavit upon which the motion was made stated that issues of .a later date had been reached, in their regular order upon the calendar, and disposed of, and that the plaintiff had never served a notice of trial or placed the cause upon the calendar. ¡No answering affidavits appear; and the question here presented is as to whether, under section 822 of the Code and rule 36 of the General Rules of Practice, the court could, in the exercise of its proper discretion, deny…