Jarcy v. Griffith

HOOD, Associate Judge.

Appellant was plaintiff below in a Class B action,1 filed on October 11, 1948. On the return day, November 1, defendant appeared but plaintiff did not, and the action was, dismissed for want of prosecution. Plaintiff made no effort to have the dismissal set aside and on November 9 filed a new but identical action. On November 29, the return day of the second action, defendant again appeared but again plaintiff failed to appear. On the ' second call of the calendar defendant moved that the action be dismissed with prejudice and the court granted.this motion. Ten days…