Chipman v. Hibberd
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant moved to dismiss the action for want of prosecution upon the affidavit of T. D. Matthewson, attorney in fact for the defendant, dated January 16th, 1871, in which the following facts were stated: The action was commenced in February, 1853, and in October of the succeeding year a judgment was rendered for the plaintiff.
Read the full summary
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant moved to dismiss the action for want of prosecution upon the affidavit of T. D. Matthewson, attorney in fact for the defendant, dated January 16th, 1871, in which the following facts were stated: The action was commenced in February, 1853, and in October of the succeeding year a judgment was rendered for the plaintiff. The defendant appealed to the Supreme Court, where, at the April term, 1856, the judgment was reversed and a new trial was ordered (6 Cal. 162). The plaintiff,…
1Opinion of the Court
By the Court:
Under the circumstances disclosed by the record, we do not think the dismissal of the case was an abuse of the discretion of the Court.
Order affirmed, as of October 1st, 1873.
2Cited by5 opinions
- People Ex Rel. Stone v. JefferdsCalifornia Supreme Court · 1899
- First National Bank v. NasonCalifornia Supreme Court · 1897
- Simmons v. KellerCalifornia Supreme Court · 1875
- Hassey v. S. San Francisco Homestead & R.R. Ass'nCalifornia Supreme Court · 1894
- Estate of Chavier v. Estate of GiráldezSupreme Court of Puerto Rico · 1909