Huie v. Smith

THOMAS, Justice.

The appeal is from a decree overruling a motion to dismiss the cause for want of prosecution.

The motion made and notice thereof given was to the effect that the same would be heard on March 28, 1939, and a decree overruling the motion was dated March 30, 1939.

This appeal challenges the action of the trial court in overruling the motion to dismiss the suit in question.

It should be said that the decree granting the relief prayed for in the bill and ordering a reference before the register was dated August 12, 1937. A motion to set aside the same was made, continued and set for…