Shayne v. Burke

TERRELL, J. :

In July, 1942, appellant brought a law action against appellee on an alleged open account. In October, 1942, appellee was inducted into the United States Army, where he remained until November, 1945, when he was discharged. While in the armed services he moved to stay proceedings in the law action, relying on Section 50 U. S. Code Annotated, ATT. 510, better known as the Soldiers and Sailors Civil Relief Act. In February, 1943, while appellee was in Miami, on furlough, to attend the birth of his child, the case was set for trial on the application of appellant, resulting in a…