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KILPATRICK v. NORBY

No. 13207.

302 S.W.2d 492 (1957)

Ida Mae KILPATRICK, Appellant, v. Mrs. Eva B. NORBY et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

May 22, 1957.

Attorney(s) appearing for the Case

Peter Briola, San Antonio, for appellant.

Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Carl Wright Johnson, Nat L. Hardy, Alfred W. Offer, San Antonio, for appellees.

BARROW, Justice.

This is a suit by Ida Mae Kilpatrick for damages for personal injuries. The original petition was filed July 2, 1953. Mrs. Eva B. Norby and L. O. Williams, defendants, filed their original answer on July 16, 1953. On August 3, 1956, defendants filed a motion to dismiss the cause for want of prosecution, alleging abandonment of the suit by plaintiff. The motion was set for hearing on August 9, 1956, and recessed until August 15th. On August 13, 1956...

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