Sulzer v. Fontheim

The plaintiff’s motion for reargument is granted. The papers present an unusual situation and raise a novel question. The action was commenced eighteen years ago, and seeks recovery on promissory notes. Although the defendant defaulted in answering, no further proceedings were taken by the plaintiff during the eighteen years, and nothing was done in the action until the motion by the defendant’s administratrix (the defendant having died within the past year) to dismiss for failure to prosecute.

*553The plaintiff counters by pointing to the default and insists that the defendant has no standing to…