MATTHIAS, J.
The issue in this cause is whether the dismissal of an appeal by the Court of Appeals, which dismissal is based on want of prosecution, constitutes a bar to a second appeal in the same cause, where the second appeal is made after the trial judge entertained a motion for a new trial filed not within time.
This situation arose when the trial judge granted plaintiffs leave to file the after-time motion for new trial, on the ground that plaintiffs...
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