Meigs v. Weller

While plaintiffs may have been guilty of laches in not bringing this case to trial as required by the statute,,1 such laches, if any, was waived by the defendant.

Judgment was rendered against the principal defendant March 18, 1890. The next term of court was in May. If not brought on at that term by plaintiffs, the defendant might have moved to dismiss the case, but, instead of doing so, it appears from the record that when the motion was made on the 2d day of October, 1890, to. dismiss the case for want of diligence in its prosecution, the counsel for plaintiffs stated in open court that, if…