Woods v. Palmer

OPINION

HUMPHREYS, Justice.

O. B. Woods filed a claim against a decedent’s estate pursuant to § 30-510 T.C.A. The claim was contested by the administra-trix, but, before there could be a hearing on the merits of the claim, it was dismissed for failure to prosecute. A petition to set aside the dismissal on the ground the failure to prosecute was caused by the illness of counsel was dismissed and Woods appealed. This appeal was not perfected. Within one year of the order of dismissal, Woods filed his claim again relying on § 28-106 T.C.A. On the administratrix’s plea of the statute of limitations…