Manton Industries, Inc. v. Providence Washington Indemnity Co.

This is an appeal from a Superior Court order of December 7, 1972, granting the defendant’s motion to dismiss the plaintiff’s action for lack of prosecution under Super. R. Civ. P. 41(b)(2).

The records in the case disclose that on November 7, 1955, plaintiff commenced this action of debt on bond alleging a default by the principal on a performance bond on which defendant was surety. In 1956 defendant pleaded and demurred to plaintiff’s declaration and in that year its demurrer was overruled. Thereafter, on plaintiff’s motion, the matter was assigned for trial to November 18, 1958, but was not…