Duncan v. Duncan

The opinion of the Court was delivered by

Mr. Justce Watts.

“This is an appeal from an order, dated April 30, 1924, granting a motion of nonsuit made by the defendant. This cause was heard at the April, 1924, term of Court. The action was for breach of contract and actual and punitive damages, and was commenced by service of the original summons and complaint on June 2, 1923.

“The plaintiff docketed the case on Calendar 2. The defendant docketed the case on Calendar 1. After being docketed, as stated, the case was continued at both the September and December, 1923, terms of the Court. Neither…