FINLEY, J.
This is an appeal from an order dismissing the plaintiff-appellant's complaint under Rule 41.04W for failure to note the case for trial within a year after issue was joined. A chronological development of events is helpful to an understanding of the questions involved:
December 15, 1961: The plaintiff's first attorney, Boynton Kamb, served the summons and complaint.
December 19, 1961: The defendant appeared through her attorney.
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