Ross v. Milner

The error assigned on this appeal is the action of the court below in sustaining a demurrer and dismissing the bill of complaint of the appellants by which they seek to have reviewed a former degree of the court rendered on December 11,1939; whereby the suit as originally brought was both redocketed and dismissed on that day as a “stale case” under Section 667, Code of 1930, with prejudice, on the ground that no step had been taken therein for the two terms preceding, and where such suit had long prior thereto been remanded to the files by the chancellor “until the further orders of the…