Miller v. Gardner

On appeal we review decree dismissing bill of complaint as a final adjudication of the rights of the parties in a suit in which it was sought to have a decree of specific performance of an alleged oral contract.

The record shows that on December 15, 1939, plaintiff filed motion to dismiss the cause as follows:

“Comes now the plaintiff in the above entitled cause, D. S. Miller, by his solicitors, R. K. Bell, Claude M. Barnes and Knight & Green', and respectfully show unto the Court as follows: that the above styled and entitled cause is now pending before the Honorable J. M. Flowers, as Special…