Jones v. American Bank & Trust Co.

This is an appeal from an order dismissing plaintiff’s suit under the provision of Act No. 107 of 1898, amending article 3519, Civ. Code, so as to provide that: “Whenever the plaintiff having made his demand shall at any time before obtaining final judgment allow five years to elapse without having taken any steps in the prosecution thereof, he shall be considered as having abandoned the same.”

I

This order was entered by the court below on September 19, 1929, on motion of defendant made on the same day, suggesting that more than five years had then elapsed since plaintiff had taken any steps…