McCamey v. Kinnear

KEITH, Justice.

Plaintiff appeals from a judgment of dismissal of his suit wherein he sought to recover of the defendant attorney’s fees-paid to defendant in connection with a patent application. Plaintiff also sought recovery of certain expenses incurred by reason of the alleged inaction of defendant. At the outset we note affirmatively that while plaintiff has prosecuted the appeal with diligence, such comment does not apply to his trial court actions.

On the day the case was specially set for trial upon the “try or dismiss” docket, defendant filed a motion to dismiss plaintiff’s cause of…