MOBLEY, Justice.
1. The court's order sustaining the defendant's motion to dismiss recites: "When the case was sounded on the calendar, both parties announced ready, and simultaneously therewith the defendant filed with the clerk a pleading entitled `Answer and Motion to Dismiss,' whereupon the plaintiffs moved to dismiss it because it was not filed within thirty days after a service of the petition which was had on the defendant on the 24th day of February 1960....
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