Herman v. Pacific Jute Manufacturing Co.

THE COURT.

Appeal from a judgment dismissing the case for failure of prosecution.

The suit was brought by the plaintiff as assignee to recover the amount due on a note made to plaintiff’s assignor by the defendant April 20, 1881. The sole issue raised by the answer was as to 'the plaintiff’s ownership of the note. The motion was made October, 1897, on the “records, files, and entries” in the case; from, which it appears that the complaint was filed June 6th, and the answer October 31, 1883. From the affidavit of the plaintiff—besides matter in excuse of delay, which need not be passed on—it…