Whiley v. Myers

Opinion by

Judge Pryor :

The condition of this record renders it difficult to settle any of the questions raised by the pleadings or the evidence; in fact, what evidence was heard does not appear, and on the motion to redocket the case facts may have been developed that justified the court in refusing to sustain the motion. The practice in regard to filing away civil cases, although indulged in frequently, is not authorized by the provisions of the code. If for any reason the parties fail to prosecute their action, or refuse to prosecute it, the court, if the *1064laches is attributable to the…