Nealon v. Davis

MARTIN, Chief Justice.

This is an appeal- from an order of the lower eourt, setting aside a former order which vacated a previous dismissal of the case and restored it to the trial docket.

On February 20, 1917, the appellant as plaintiff filed a declaration in the lower court, claiming damages from the appellee as defendant because of alleged personal injuries. On March 16, 1917, within rule, the defendant pleaded the general issue. No further action was taken in the case until June 28, 1919, when it was entered as dismissed without prejudice by the clerk under a rule of court adopted June 16,…