Small v. Mungo

Lewis, Justice:

The question to be decided is whether the lower court erred in dismissing the present action with prejudice for failure of plaintiff or his counsel to appear when the case was called for trial.

This action was instituted in the Court of Common Pleas for Chesterfield County on January 20, 1969 and was placed on the trial roster of cases to be disposed of at a term of court commencing on Monday, October 27, 1969. Counsel for both plaintiff and defendant were present in court on Monday morning, at which time the cases listed on the trial roster were called, and ten (10) cases were…