Grigsby v. Napa County

By the Court, Crockett, J. :

This appeal is from an order of the District Court dismissing the action for want of prosecution, and awarding costs to the defendant. In such cases it has not been the practice of this Court to interfere, except where the District Court has abused the discretion which it necessarily exercises in this class of cases; and in invoking the aid of this Court, it is incumbent on the appellant to establish affirmatively that there has been such abuse of discretion. Until the contrary appears, the presumption is the discretion of the District Court was rightfully…