Ender v. Mercer

Petitioner seeks to have reviewed on certiorari under Rule 34 an order of the Circuit Court entered on January 3, 1942, vacating an order entered on the 30th day of June, 1941, dismissing a suit for want of prosecution.

At the time the cause was dismissed the same was at issue on bill and answer; the time had expired for taking testimony but no testimony had been taken.

The order here complained of states:

“This cause came on to be heard on application for an order vacating and setting aside a previous order dismissing this cause and reinstating the said cause and directing that the said cause…