Astorga v. Ishimatsu

OPINION

By the Court,

Pike, J.:

On January 15, 1952 appellant herein commenced an action against respondent in Clark County, Nevada, seeking a money judgment against respondent. On December 22, 1959 respondent moved to dismiss said action, pursuant to the provisions of NRCP 41 (e), relating to the dismissal of actions for non-prosecution, which provides in part, “Any action * * * shall be dismissed by the court * * * on motion of the defendant * * * or by the court upon its own motion, unless such action is brought to trial within five years after the plaintiff has filed his action, except where…