Wyant v. Russell

The error here assigned is that the Court of Appeals erred in sustaining the motion of the defendant in error to dismiss the petition in error and in rendering judgment dismissing the petition in error..

The transcript of the docket and journal entries of the Court of Appeals discloses: September 14, 1922, plaintiff in error filed his petition in error, summons was issued, and service made; December 1, 1922, the cause dismissed for want of prosecution; December 20, 1922, application for a rehearing denied; December 27, 1922, “This cause being on November 22, 1922, called for trial, and the…