Arnett v. Peterson

The appellant, who was the plaintiff below, appeals from an order dismissing his case for want of prosecution, and an order refusing, on his motion, to vacate said order of dismissal and reinstating the case.

The record shows the suit to be for a balance on two negotiable promissory notes, given in part payment for a certain stallion. The suit was filed on July 24, 1918. The answer, among other things, set up that the notes were procured by plaintiff’s indorsers through fraud; that on May 3, 1919, the local judge, Honorable A. S. GIBBONS, disqualified himself on the ground of having been of…