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WOODS v. PALMER

496 S.W.2d 474 (1973)

O.B. WOODS, Appellant, v. Ruby PALMER, Administratrix, Appellee.

Supreme Court of Tennessee.

Rehearing Denied June 29, 1973.

Attorney(s) appearing for the Case

J. Richard Cox, Memphis, for appellant; J. Martin Regan, Memphis, of counsel.

Mary Guidi, Memphis, for appellee.

OPINION

HUMPHREYS, Justice.

O.B. Woods filed a claim against a decedent's estate pursuant to § 30-510 T.C.A. The claim was contested by the administratrix, but, before there could be a hearing on the merits of the claim, it was dismissed for failure to prosecute. A petition to set aside the dismissal on the ground the failure to prosecute was caused by the illness of counsel was dismissed and Woods appealed. This appeal was not perfected. Within one...

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