Wisconsin Lumber & Supply Co. v. Dahl

The appellant assigns as error (1) that the trial court assumed that sec. 269.25, Stats., made mandatory the dismissal of the action because it had not been brought to trial within five years; (2) that the court arbitrarily dismissed the action without giving the plaintiff “opportunity to bring such facts to the attention of the court as might affect the discretion of the court;” (3) that the court arbitrarily refused to permit evidence to be introduced to enable it to exercise discretion; and (4) that the court granted the motion to dismiss when it appeared that the reason that the matter…