Legal Opinion
Central Pacific Railroad v. Riley
California Court of Appeal
Decided September 13, 1916No. Civ. No. 1929PublishedCited by 7 opinions
The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from an order dismissing an action for lack of prosecution.
The action was commenced in January, 1896, and in March, 1897, the answer of the defendant was filed. After the cause had thus been at issue for over seventeen years and not having been in the meantime brought to trial, the same on motion of the defendant was dismissed for failure to prosecute the same with due diligence.
Section 583 of- the Code of Civil Procedure provides that: “Any action heretofore or hereafter commenced shall be dismissed ... on motion of the defendant, after due notice to plaintiff or…
2Cases cited4 opinions
- Romero v. SnyderCalifornia Supreme Court · 1914
- Mowry v. WeisenbornCalifornia Supreme Court · 1902
- Kubli v. HawkettCalifornia Supreme Court · 1891
- Heald v. HendyCalifornia Supreme Court · 1891
3Cited by7 opinions
- Continental Pacific Lines v. Superior CourtCalifornia Court of Appeal · 1956
- Bank of America National Trust & Savings Ass'n v. Superior CourtCalifornia Court of Appeal · 1937
- Prudential Insurance v. Superior CourtCalifornia Court of Appeal · 1931
- Anderson v. ErwynCalifornia Court of Appeal · 1966
- Hastings v. Superior CourtCalifornia Court of Appeal · 1955
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