Wetzel v. Birmingham Electric Co.

BROWN, Justice.

After final judgment dismissing the plaintiff’s case for want of prosecution, he made motion to set aside the judgment of dismissal on the ground that he had a meritorious case and had no notice that the case was set for trial. The motion was overruled.

There is nothing in the motion to show that the plaintiff was misled by any action of the court or its officers or by the adverse party. Williams v. Tyler, 14 Ala. App. 591, 71 So. 51; Ex parte Tyler, 198 Ala. 696, 73 So. 1002. As the aggressive party in the case it was plaintiff’s duty to follow his case in all of its steps…