Bufford v. Farmers & Merchants Bank

Nichols, Presiding Judge.

The Farmers & Merchants Bank filed an action against Lester Bufford to recover on a note. On the call of the case, and after a jury was selected, the plaintiff failed to appear except by counsel and he could not announce ready in that none of his witnesses appeared in court. The defendant then moved to dismiss the action for lack of prosecution, but before the court could rule on the defendant’s motion, plaintiff’s counsel entered the following on the back of the original petition and delivered the same to the clerk: “This case is hereby dismissed without prejudice,…