Proctor v. Ward

HOOD, Associate Judge.

This appeal is from an order dismissing a complaint. The complaint alleged that defendants had previously filed suit in the same court, against plaintiff, a lawyer, for services rendered for one of his clients; that service of-.process was not effected but plaintiff paid and defendants accepted the sum of $217.55 in settlement and defendants agreed to execute and deliver to plaintiff a praecipe withdrawing the suit; that defendants failed to withdraw the suit and- instead caused an alias summons to be issued. In addition to these basic facts there were allegations that…