Mercantile Finance Corp. v. Hucke

This is an appeal from an order dismissing the action made under section 583 of the Code of Civil Procedure for want of prosecution within two years after answer filed.

The complaint (to foreclose a mortgage on real property) was filed June 10, 1927, against thirty-five defendants. The last answer was filed October 7, 1927. The default of seven defendants was entered and the plaintiff voluntarily dismissed as to all except Sorrille. The cause was set for trial on April 26, 1929, but went off the calendar. On October 31, 1929, plaintiff gave notice of motion to set the cause for trial and…