Curtis v. Lindsey

Felton, Chief Judge.

The only substantial additional allegation which the amendment to the original motion contains is that of the taking of the deposition by counsel for both sides after the case had already been dismissed. The fact that coun*451sel for neither side apparently was aware of the order of dismissal could not invalidate the order of dismissal, retroactively or otherwise. Counsel were chargeable with knowledge of all of the developments in the case which they could have ascertained by the exercise of proper diligence, just as in the case of extraordinary motions for new trial. Curtis…