Summers v. Nipper

CAMMACK, Chief Justice.

James B. Summers filed this action for a new trial under subsection 7 of Section 518, of the Civil Code of Practice. Summers, who was also the plaintiff in the original action, charged that he suffered unavoidable casualty and misfortune because the clerk failed to notify his attorney when his case would be called for trial. The appeal is from a judgment dismissing the petition after a demurrer had been sustained thereto and Summers had declined to plead further.

Complaint is made of the following order: “By agreement of the parties the following cases were ordered set…