Friese v. Adams

— This is an appeal from an order dismissing plaintiffs’ action for want of prosecution which was entered pursuant to Rule 3 of the Rules of Pleading, Practice and Procedure, 34A Wn. (2d) 69.

Plaintiffs filéd their complaint March 20, 1952. Defendants filed an answer and affirmative defense April 11, 1952. The action became at issue April 25, 1952, when plaintiffs filed their reply.

On January 26, 1953, plaintiffs filed a statutory notice as provided for by RCW 4.44.020, stating that the case would be called up for setting for trial on January 30, 1953. This notice was not served on defendants’…