Krupinski v. Denison

JUDGE CARROLL

delivered the opinion of the court.

This appeal presents the single question as to whether the Court below erred in dismissing plaintiffs’ cause with prejudice for want of prosecution and entering judgment in favor of defendant.

The case, which is a personal injury suit, was filed in the Circuit Court of Logan County on September 3, 1954. A motion to dismiss the complaint was allowed and an amended complaint filed June 28, 1954. The defendant answered and the cause was set for trial by jury on November 29, 1954. Due to the illness of one of the plaintiffs, the cause was removed…