Sherman v. Cron

The opinion of the court was delivered by

Thiele, J.:

This is an appeal by plaintiffs from an order overruling their motion to set aside an order of dismissal of their action for lack of prosecution.

In view of our conclusions later stated, it is not necessary that the facts be fully reviewed. On April 30,1941, plaintiffs commenced their action against the defendants to set aside conveyances of real estate, and for damages. In 1942, defendant F. H. Cron answered, in July, 1946, defendants Taliaferro, Taliaferro and Doane answered, and about that time publication service was had upon defendant…