Gray v. Olin Mathieson Chemical Corp.

This is an appeal from an order of the Superior Court of King County, dismissing an action against two defendants, entered under Rule of Pleading, Practice and Procedure 41.04W.1

The action was commenced August 28, 1958. Each of the two defendants had answered the amended complaint by August 24, 1959. The plaintiff served his reply to each answer September 15, 1959. By this date, at least, the case was at issue.

The case, not having been noted for trial, both defendants moved, on October 10, 1960, to dismiss for want of prosecution; and the order of dismissal was entered June 16,1961.

The appeal…