Ursery v. Niehuss, Admr.

In 1941 these appellants brought a suit against O. K. Barringer and others to quiet title to the land now in controversy. By agreement the case was set for trial on April 6, 1942. Some of the appellants appeared' at the courthouse on the date for trial and became disturbed by the absence of the attorney then representing them. They were told by the clerk and a bystander that the case would not be tried that day, but neverthless they drove to the city of their attorney’s, residence and conferred with him. He assured them that he was looking after the matter and that the case would not be heard…