Gossett v. Scofield

ALEXANDER, Justice.

This is an appeal from an order of the trial court dismissing plaintiffs’ suit. The record discloses that the entry of the order of dismissal was not made at the request of either party, nor because of any lack of prosecution, but because of certain alleged equities in favor of the defendants, of which the trial judge claimed to be familiar, but which were not disclosed by him at the time of the entry of the order. To be more specific, the trial judge seems to have been of the opinion that the plaintiff banking commissioner had failed to properly and timely prosecute suits…