The W.T. Rawleigh Co. v. Spencer
Arizona Supreme Court
1Opinion of the CourtRoss, J.
— The W. T. Rawleigh Company, an Illinois corporation, commenced this action on November 13, 1931, against J. W. Spencer and C. P. Breinholt on their written guaranty of an account for goods, wares and merchindise sold to one L. C. Robinson. On November 12, 1940, on motion of defendants, the court dismissed the case “for lack of prosecution,” and the plaintiff has appealed. The question is did the court abuse its discretion.
It appears that the cause came to issue and was first set down for trial for November 26, 1935. This setting was, upon stipulation of counsel, vacated on November 18,…
2Cases cited7 opinions
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