SALLE v. HOLLAND FURNACE COMPANY

No. 47680.

337 S.W.2d 87 (1960)

M. SALLE, for the Use and Benefit of Samuel S. MANDEL, Samuel S. Mandel and Frances Scales, Respondents, v. HOLLAND FURNACE COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

July 11, 1960.


Attorney(s) appearing for the Case

Flynn, Parker & Badaracco, St. Louis, for appellant-defendant.

Samuel S. Mandel and Louis E. Zuckerman, St. Louis, for respondents.


HOLLINGSWORTH, Judge.

Defendant has appealed from an order of the trial court setting aside a judgment dismissing plaintiffs' action, without prejudice, for failure to prosecute. Its contention is that no timely motion for a new trial was filed and that, in the absence of the filing of such motion, the trial court was without jurisdiction to set aside the order of dismissal following a lapse of more than 30 days after it was made. For the reasons hereinafter stated...

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