Abell v. Howat

This appeal was taken by plaintiff from a ruling denying his application to set aside a dismissal for want of prosecution.

*624The import of the ruling was that it was without prejudice to a renewal of the application in accordance with rules 252 and 253, Rules of Civil Procedure, after bringing in the legal representative of the defendant. The defendant died after the filing of the application and before the hearing thereon. This appeared as a fact agreed to by counsel at the hearing.

The plaintiff brought this action in April of 1958 for property damage in the sum of $389.23 to his automobile…