Wilson v. Walker

Marshall, Judge.

This appeal is from the dismissal of the appellants’ two cases for want of prosecution.

The record shows only that on February 3,1976, the trial judge called civil cases 2908 and 2909. Neither appellants nor their counsel were present. Appellees moved to dismiss both cases for want of prosecution. The trial judge, after hearing an undocumented oral recitation of the history of the cases, asked the clerk if plaintiffs’ lawyer had made a demand for trial. The clerk responded "Yes ... [by] letter dated January 6th ..The trial judge asked the clerk if the plaintiffs’ attorney…