Helmer v. Nagle

Julius J. Olson, Justice.

Plaintiff appeals from a judgment entered pursuant to an order dismissing his cause for lack of prosecution.

The significant dates of events leading to the present appeal may be summarized in this fashion: The alleged causes of action arose not later than September, 1929. In March, 1931, plaintiff commenced this action, and during the same month defendant answered, so that from then on the cause has been at issue. On April 1 the first note of issue was served and filed. On October 26, nest following, the case was set for trial but was continued on plaintiff’s motion.…