Fryman v. McCaffrey

I. We are not favored with an argument by appellees.

On December 28, 1923, appellant, as a principal contractor, filed a petition praying foreclosure of a mechanic's lien. On December 15, 1925, the case was dismissed. This was by a general order of court, by which said cause, with others, was dismissed for failure to file trial notices for three consecutive terms. On February 16, 1926, the plaintiff commenced the instant case, the petition being a copy of the petition filed in the case that was dismissed. A motion was filed by appellees to strike the petition, urging that the action was barred…