Practice — Abandonment of claim — Delay in prosecution — Laches — Judgments — Non pros — Discretion of court.
In a suit in assumpsit to recover $502,531.85 with interest from August 24, 1933 (the date on which the alleged cause of action arose) in which it appeared that the writ of summons was issued on August 17, 1939 but no statement of claim was filed until December 21, 1944; that prior to the filing of the statement many of the persons having knowledge of the facts relating to the suit had died; and that plaintiff gave no satisfactory reason for the delay in prosecuting the claim, it was Held that a judgment of non pros should be affirmed.
OPINION PER CURIAM, January 12, 1953:
The Judgment of Non Pros is affirmed on the Opinion of President Judge FRANK SMITH.