Maloy v. Bristow

The appellant, who was the plaintiff below, seeks reversal of an order dismissing her suit for accounting, for want of prosecution. The cause was noticed for trial before the court on July 28, 1961. For a reason not disclosed on the record it was not tried then, but came on for final hearing before the court on August 29, 1961. On that occasion, at the request of the plaintiff, who had acted without counsel throughout, the chancellor granted a continuance to September 7. When the cause came on again for trial and final hearing on September 7 the plaintiff was unwilling to proceed and the…