Longyear v. Edwards

(Pro Tempore).

This is an appeal by plaintiff from an order of the Circuit Court of Lincoln County, denying a motion to vacate an order dismissing an action for wrongful death for want of prosecution.

The only assignment of error relates to the denial of the court of plaintiff’s motion to vacate the previous order dismissing plaintiff’s ease, it being claimed that the court abused its discretion by its refusal, and that plaintiff was entitled to relief pursuant to ORS 18.160.

From the files and the transcript of testimony we glean the following facts: Plaintiff’s decedent died October 12, 1949.…