Mowry v. Weisenborn

THE COURT.

Appeal by plaintiff from an order dis-' missing the action on the ground that plaintiff has not used due diligence in its prosecution. The action was brought in the superior court of the city and county of San Francisco. The facts appearing by the record are as follows: The complaint was filed April 19, 1890; two demurrers thereto were served May 16, 1890, and filed May 21, 1890. On June 27, 1896, defendants served a motion to dismiss, which was filed June 29, 1896; the motion was noticed for hearing July 3, 1896; accompanying the motion was the affidavit of defend ants’ attorney…