Day v. State

Langenbach, J. †

The respondent filed a mandamus action alleging wrongful discharge from his employment, and seeking reinstatement and reimbursement of lost earnings. It is here on a writ of certiorari to review the refusal of the trial court to dismiss the action for want of prosecution under Rule of Pleading, Practice and Procedure 41.04W, RCW vol. O.

The facts, as set forth in the affidavits, aré as follows: On November 12, 1963, respondent filed a petition for writ of mandamus, and a show cause order, returnable December 9, 1963, was issued. On December 4, 1963, the state served and filed…