Stickney v. Port of Olympia

This is an appeal from an order dismissing an action for lack of diligent prosecution. On May 19, 1947, Midfield Packers, a copartnership, commenced two actions to recover damages against the Port of Olympia. On February 3, 1949, the trustee in bankruptcy for Midfield Packers was substituted as party plaintiff. The defendant served a notice of appearance June 9, 1947, and filed it February 2, 1949. No motion or pleading was served or filed by defendant.

The state of Washington intervened June 19, 1947. The complaint in intervention prayed that, in the event the plaintiffs prevailed, the…