Jacot v. Marks

This is a motion to dismiss the complaint, with costs, for unreasonable (julay on the part of the plaintiffs in prosecuting the action. The motion is made under section 822 of the Code, and, also, since the action is triable by. a jury, under rule 86 of the General Buies of Practice, which refers only to cases triable by a jury. See Galkin v. Beattie, 4 Law Bull. 42. .The above section of the Code provides that where the plaintiff unreasonably neglects to proceed in the action, the court may, in its discretion, dismiss the complaint, upon the application of the defendant, and render judgment…