Warnock v. Seattle Times Co.

48 Wn.2d 450 (1956)

294 P.2d 646

TOM V. WARNOCK, Appellant,

v.

SEATTLE TIMES COMPANY, Respondent.[1]

No. 33298.

The Supreme Court of Washington, En Banc.

March 8, 1956.

John M. Warnock, for appellant.

Wright, Innis, Simon & Todd, for respondent.

WEAVER, J.

Plaintiff appeals from an order of dismissal for want of prosecution based upon Rule 3, Rules of Pleading, Practice and Procedure (34A Wn. (2d) 69), which provides that

"Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff or cross-complainant shall neglect to note the action for trial or hearing within…