Legal Opinion

Helm v. United States Fidelity & Guaranty Co.

District Court, N.D. California

Decided October 14, 1935No. Nos. 19106-K, 19107-KPublished

1Opinion of the Court

ST. SURE, District Judge.

These two cases come before the court on motions to vacate orders of dismissal made under court rule 38, which rule reads as follows: “Causes which have been pending in this Court for more than one year without any proceedings having been taken therein during such year shall be dismissed, as of course, for want of prosecution by the Court on its own motion, at a general calling of a calendar at the beginning of a term prepared for the purpose by the Clerk. Such causes may also be dismissed for want of prosecution at any time on motion by any party upon notice to the…

2Cases cited2 opinions

  1. Zadig v. ætna Ins. Co.Court of Appeals for the Second Circuit · 1930
  2. Fidelity & Deposit Co. of Maryland v. MacGruerCourt of Appeals for the Ninth Circuit · 1935

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