State Ex Rel. Witting v. SUP. CT. FOR KING CTY.

— This cause is here upon the petition of the defendant for a writ of mandamus to compel the trial court to dismiss the cause under Rule of Pleading, Practice and Procedure 3, 34A Wn. (2d) 69.

*118After issue was joined, this tort action was noted for the trial calendar and thereafter set to be tried on February 5, 1958. On February 4, 1958, there is a minute entry reciting “Cause continued subject to call.” On April 7, 1959, plaintiff moved “ . . . that the above entitled cause, now carried on the trial calendar continued subject to call, be brought on before the Presiding Judge for setting of a…