Grafft v. Merrill Lynch, Pierce, Fenner & Beane

The instant action, commenced on December 31, 1959, but not brought to trial within five years, was dismissed by the court on motion of defendants (Code Civ. Proc., § 583); from the judgment of dismissal, plaintiff appeals, Since dismissal upon the expiration of the five-year period becomes mandatory in the absence- of excusable delay making it impracticable to proceed to trial or where trial has commenced (not here pertinent) plaintiff’s appeal seeks to establish such delay or otherwise bring his case within one of “the implied exceptions engrafted upon the statute by appellate decisions.”…