Elmer A. Yelvington & Son v. Sheridan Et Ux‪.‬

DREW, Justice. On August 6, 1948, the appellant, plaintiff below, filed its bill of complaint to foreclose a lien against the appellees, defendants below. In due course the cause became at issue and on July 17, 1950, an examiner was appointed to take testimony and on the same day the lower court entered an order extending time for taking testimony to August 5, 1950. On August 4, 1950, pursuant to plaintiff's motion, the time for taking testimony was further extended until August 31, 1950. On September 14, 1950, a stipulation was filed, signed by counsel for plaintiff and defendants extending time for taking the testimony of defendant Joseph S. Sheridan, to October 15, 1950. No further steps were taken in the cause until June 2, 1952, over twenty months thereafter, when plaintiff filed a motion in the cause to extend the time for taking testimony to August 1, 1952.