BANTA v. SERBAN

Calendar No. 7, Docket No. 49,257.

370 Mich. 367 (1963)

121 N.W.2d 854

BANTA v. SERBAN.

Supreme Court of Michigan.

Decided June 3, 1963.


Attorney(s) appearing for the Case

John T. Vojdik (Richard C. Fruit, of counsel), for plaintiff.

Ransom & Fazenbaker (Robert B. Norgren, of counsel), for defendant.


SOURIS, J.

Plaintiff's declaration alleged a cause of action for negligent injury. Following a pretrial conference, the case was placed on the term docket for trial and, in due course, it was called for trial in March of 1961. Neither plaintiff nor his counsel being in court when the case was called for trial, the trial judge dismissed it. Plaintiff's subsequent motion for reinstatement, supported by his counsel's affidavit, was denied after hearing.

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