Ruland v. Ley

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

E. V. Ley on May 27, 1930, filed suit against H. F. Ruland and wife. The suit had been pending on the docket for a little more than a year when it was dismissed by the court for want of prosecution early (July 10, 1931) in the July-December, 1931 term of court. The dismissal was without fault on the part of plaintiff or his attorney. During the succeeding term of court, some six months after the dismissal occurred (January 17; 1932), plaintiff’s attorney learned of it. Instead of moving promptly to have the case…