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FOX v. SMITH

No. 4691.

30 F.2d 869 (1929)

FOX v. SMITH.

Court of Appeals of District of Columbia.

Decided February 4, 1929.

Attorney(s) appearing for the Case

Benj. S. Minor, H. Prescott Gatley, and Arthur P. Drury, all of Washington, D. C., for appellant.

F. W. Clements and Lawrence H. Cake, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

This is an appeal from a judgment of the Supreme Court of the District of Columbia vacating an order of that court which reinstated this cause after its purported dismissal without prejudice by the clerk of that court under law rule 74 of the court.

On March 4, 1914, the appellant as plaintiff filed a declaration at law in the lower court against the appellee as defendant and after various interlocutory questions were

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