McDowell v. Burke

The relators seek a review of an order of the Superior Court for King County denying their motion to dismiss the action, which was brought to foreclose a lien for labor performed in the construction of a building. The motion was founded upon an allegation that the plaintiff had failed to diligently prosecute the action.

The record shows that an amended complaint was filed on March 27, 1959. On April 15, 1959, a demurrer was filed. It was noted for hearing on April 28, 1959, but the note was stricken by the plaintiff on May 7, 1959. In the meantime, the prime contractor brought an action…