Mastelotto v. Harbor Box & Lumber Co.

VALLÉE, J.

Appeal by plaintiff from a judgment of dismissal entered on the granting of defendant’s motion.

The motion was made on three grounds: failure to bring the action to trial within five years after it was filed; failure to bring the action to trial within two years after it was filed; and the inherent power of the court to dismiss for failure to diligently prosecute the action. The motion was heard on the record in the action, an affidavit of defendant’s counsel which is set out in the margin, 1 and an affidavit of counsel for plain tiff which is also set out in the margin. 2

The…