Davis Ex Rel. Davis v. Wyche

ScheNOk, L.

This appeal poses the determinative question: Did the court err in entering, in its discretion, the order and judgment staying the trial of the action until the inability ■ of the defendant to conduct his defense by reason of his military service was removed? We are of the opinion, and so hold, that the answer is in the negative.

The Soldiers’ and Sailors’ Civil Eelief Act of 1940, sec. 521, 50 TJ. S. O. A., the interpretation of which is involved in this appeal, reads: “At any stage thereof any action or proceeding in any court in which a person in military service is involved,…