Aumock v. Bank of Spirit Lake

August 31, 1935, defendants and respondents moved to dismiss this suit upon the ground of lack of prosecution. October 24, 1935, the motion ■ was heard. October 26, 1935, the following order was made and final judgment entered:

“IT IS THEREFORE ORDERED that the motion, to diK-mias this action be, and the same hereby is sustained and it is ordered that this cause be, and the same hereby is dis missed and that the defendants do have and recover of and from the plaintiff their costs and disbursements herein expended taxed at the sum of $5.00.”

December 30, 1935, plaintiffs appealed. February 24,…