Veterans Land Board State Texas Et Al v. Gertrude Williams Et Al‪.‬

This case involves a question of abuse of discretion in dismissal for want of prosecution. The plaintiffs, Gertrude Williams, et al., brought a trespass to try title suit against the defendant, Veterans Land Board in April 1968. An answer was filed, but the plaintiffs made no effort during the succeeding seven and one-half years to bring this suit to trial. During the summer of 1975, the District Court, on its own accord, set three "show cause" hearings during which the seven-year delay could have been explained. Plaintiffs requested postponements in regard to each of the first two hearings. The District Court dismissed the case for want of prosecution when, on September 5, 1975, plaintiffs attorney failed to attend the third hearing scheduled on the matter. Plaintiffs were present in the court but declined to proceed and offered no explanation for the seven-year delay. Plaintiffs stated only that their attorney had called them the day before to say he could not be present.