De Jarnett v. Roseborough

Defendant appeals from vacatur of an order dismissing plaintiff’s cause of action for want of prosecution.

This action arose as a result of an automobile collision. Plaintiff sued for damages to his vehicle in the sum of $734.67. Defendant filed his answer and the cause was set for trial on November 16, 1964. Subsequently, the court entered orders “by agreement of the parties” continuing the case for trial until November 30, 1964, and to January 11, 1965. After another continuance by agreement to January 25, 1965, the court, on that date, entered an order dismissing the cause for want of…