Nyberg v. Cambridge State Bank

Rule 41.02 of Rules of Civil Procedure, which supersedes M. S. A. 1949, § 546.39,7 provides:

“For failure of the plaintiff to prosecute or to comply with * * * any order of the court, a defendant may move for dismissal of an action * * * against him. * * * Unless the court * * * otherwise specifies, a dismissal under this rule * * * operates as an adjudication upon the merits.”

The object of the rules of civil procedure as stated in Rule 1 thereof is to secure the just, speedy, and inexpensive determination of any action, and Rule 41.02 is designed to facilitate the accomplishment of this…