Steinbach v. Murphy

The opinion of the court was delivered by

Burch, J. :

The parties to an action in a district court agreed to transfer the cause to a court of common pleas which, in fact, had no legal existence because the law creating it had not been complied with. While the cause was supposedly pending in the common pleas court one of the defendants died. Two months later the plaintiff filed a motion in the district court for a redocketing of the case there. After the expiration of six months from the time it was filed this motion was denied. Sixteen months after the motion to redocket was denied a peremptory…