Boyd v. Southern Pacific R. R. Co.

This is an appeal by the plaintiff from a judgment for the defendant based upon an order dismissing the action in accord with the requirements of section 583 of the Code of Civil Procedure, because of failure to bring the action to trial within five years after answer filed. The code section mentioned reads:

“Dismissal of Actions. The court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after answer filed to bring such action to trial. Any action heretofore or…