Widincamp v. James

1. When in a claim case the levy had been dismissed for the want of prosecution, and the case thereafter reinstated by the judge, it was not permissible for the claimant to make up an issue in the claim ease and have it determined whether the case was properly reinstated. If for any reason the order of reinstatement was irregular or erroneous, a formal motion should be made to review the order reinstating the case.

Submitted June 4, Decided August 14, 1907. Claim. Before Judge Rawlings. Tattnall superior court. October 3, 1906. W. T. Burlchalier, for plaintiff in error. O. L. Morgan, contra.

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