Conrad v. Certified Ice & Fuel Co.

Stone, Justice.

Plaintiffs appeal from a judgment dismissing without trial their action to foreclose a mechanic’s lien. The action, was commenced in December and issue joined as early as December 20, 1929. December 6 a notice of lis pendens had been filed by plaintiffs against the involved property. Nothing more was done until March, 1937. Then, proceeding by order to show cause, defendant procured the order of dismissal pursuant to which judgment was entered. Our statute (2 Mason Minn. St. 1927, § 9321) reads thus:

“That any district court may dismiss, upon its own or upon the motion of either…