Silva v. Hind-Clarke Dairy

OPINION OF THE COURT BY

PARSONS, J.

This is an action in tort Avhich, after issue joined and demand for jury trial, was dismissed for want of prosecution by the judge of the third division of the first circuit court (in Avhich said action was then pending) of his OAvn motion. Upon motion of plaintiff, opposed by defendant, at the next succeeding term in the second division of said circuit court that the dismissal order be set aside and that said cause be reinstated and placed on the ready calendar for trial, three questions of law expressly intended to test the power of the trial court in the…