Cathcart v. Childers

GRISSOM, Chief Justice.

On February 4, 1954, V. A. Cathcart sued Alice L. Childers in trespass to try title to an interest in some lots. The defendant answered by a plea of not guilty. On April 8, 1955, plaintiff’s attorney obtained an order permitting him to withdraw from the case. On April 18, 1955, the defendant filed a motion to dismiss the suit for want of prosecution and a judgment dismissing the suit for that reason was rendered on that day. In the meantime plaintiff had employed new counsel, who, according to the plaintiff’s pleadings, learned of defendant’s motion to dismiss on April…