Legal Opinion
Smith v. Wiget
California Court of Appeal
Decided August 1, 1946No. Civ. 13098PublishedCited by 19 opinions
1Opinion of the CourtPeters, P. J.
Plaintiff appeals from an order of the trial court made on a noticed motion of defendants dismissing his action on the ground that it was not brought to trial within two years of the date it was filed. Plaintiff failed to file any counteraffidavits in the court below, and no reporter’s transcript has been filed, the appeal being prosecuted on a clerk’s transcript.
The motion to dismiss was made under section 583 of the Code of Civil Procedure, which, so far as pertinent here, reads as follows: ‘ ‘ The court may in its discretion dismiss any action for want of prosecution on motion of the…
2Cases cited8 opinions
- Rosefield Packing Co. v. Superior CourtCalifornia Supreme Court · 1935
- Steinbauer v. BondesenCalifornia Court of Appeal · 1932
- Barry v. LearnerCalifornia Court of Appeal · 1931
- Elmhurst Packers, Inc. v. Superior CourtCalifornia Court of Appeal · 1941
- Breakstone v. GianniniCalifornia Court of Appeal · 1945
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smith v. City of Los AngelesCalifornia Court of Appeal · 1948
- Knight v. Pacific Gas & Electric Co.California Court of Appeal · 1960
- McFaddin v. H. S. Crocker Co.California Court of Appeal · 1963
- Douglas v. Superior CourtCalifornia Court of Appeal · 1949
- Bank of America v. Superior CourtCalifornia Court of Appeal · 1948
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