Legal Opinion

Nicol v. City & County of San Francisco

California Supreme Court

Decided October 24, 1900No. S.F. No. 1615PublishedCited by 6 opinions

APPEAL from a judgment of -the Superior Court of the City and County of San Francisco. E. H. Dunne, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

This appeal is before us from a judgment dismissing an action for lack of prosecution. The action is one for damages to real property, occasioned by reason of an overflowed sewer, and was brought in the year 1890. Issue was joined promptly, but the cause did not come to trial, and in the year 1898, upon motion of the city, the action was dismissed for laches in the prosecution. Two years after the action was brought plaintiff’s attorney died) and nothing further was done in the matter until the present proceedings to dismiss were inaugurated.

The motion before the court was submitted upon the…

2Cited by6 opinions

  1. Romero v. SnyderCalifornia Supreme Court · 1914
  2. Vartanian v. CrollCalifornia Court of Appeal · 1953
  3. McMunn v. LehrkeCalifornia Court of Appeal · 1915
  4. Troy Laundry MacHinery Co. v. Drivers' Independent Laundry Co.California Court of Appeal · 1910
  5. Martin v. City & County of San FranciscoCalifornia Supreme Court · 1901

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