Gamble v. L. B. Menefee Lumber Co.

Appellant contends that the lower court erred in vacating the order of dismissal and dismissing the defendant’s plea of res judicata. Plaintiff’s motion for reinstatement of the cause was on the ground “that notice of the intention to dismiss said cause was given pursuant to Rule 79 of this court or otherwise or at all as required by law’ ’. The words ‘ ‘ or otherwise or at all as required by law” indicate that the omission of the word “not” between the words “was” and “given” was a clerical error. The affidavit in support of the notice to reinstate shows that no notice was given to either…