Union Bond & Trust Co. v. M & M Wood Working Co.

Plaintiff appeals from order dismissing this action for lack of prosecution. Complaint was filed August 29, 1952. One motion to dismiss (based upon the discretion granted by Code Civ. Proc., § 583 and upon § 581a) was made 24 days before the expiration of five years after filing of complaint, and one (based upon the mandatory provision of § 583) 13 days after the five-year period had expired. The motions were argued together and both were granted. Appellant’s principal contention is that for more than three of these five years other litigation made it impracticable or futile to prosecute this…