Madison v. Trekell

The parties will be referred to as they appeared in the trial court. Plaintiff filed an action upon promissory note and to foreclose a mortgage. On the 2oth day of January, 1935, the court dismissed the action for want of prosecution, and for the further reason that the cause had not been revived and the time for revivor had expired.

On the 20th day of April, 1936, the court revived the cause and vacated the order of dismissal and reinstated the cause. A motion to dismiss has been filed for the reason that an order which vacates and sets aside a former order of dismissal and reinstates the…