City of Mobile v. Board of Revenue and Road Com'rs

FOSTER. J.

This is an action by the appellant against appellee, brought in February, 1919. Demurrers were promptly filed to the complaint, and on May 3, 1919, were sustained by the court. The action remained in that condition until it was set for trial on November 20, 1922. The record shows it “was taken out of the call.” It was again set for trial “on the merits” February 5, 1923, and passed because the city attorney was absent from the city. It was again set for trial on May 31, 1926, and “passed on that day, at the instance of the plaintiff, the case to be disposed of in June.” It was again…