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THANOS v. MITCHELL

[No. 265, September Term, 1958.]

220 Md. 389 (1959)

152 A.2d 833

THANOS ET VIR v. MITCHELL

Court of Appeals of Maryland.

Motion for rehearing filed July 30, 1959.

Denied September 16, 1959.

Attorney(s) appearing for the Case

Jack Pinkston, for appellants.

Joseph B. Simpson, Jr., with whom were Vivian V. Simpson, Simpson & Simpson, H. Algire McFaul and T. Hunt Mayfield, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HAMMOND, J., delivered the opinion of the Court.

The plaintiff Mrs. Thanos filed a written motion for a continuance because of mental illness, supported by the affidavits of two doctors that she was incapable of being in court. The defendant demanded immediate trial or dismissal of the case, and the court granted the dismissal and entered judgment for defendant for costs. The plaintiff appealed.

In June, 1956, Mrs. Thanos sued the defendant Dr. Claude Mitchell...

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