Frances Zitomer and Nathan Zitomer v. Frank Holdsworth, Also Known as Fred M. Holdsworth

OPINION OF THE COURT

Plaintiff appeals from a December 13, 1968 order dismissing for want of timely prosecution a complaint filed some nine years earlier. 1 Defendant was properly served, an appearance was entered for him, and an answer was filed. Defense counsel later obtained leave to withdraw after the case was placed on the jury trial list.

When the case was called for trial four months later, on October 3, 1962, plaintiff successfully moved for a postponement on the ground that defendant was on active duty in the military service. The case was placed on the “deferred list” of the district…