Simmons v. Keller
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Complaint in ejectment filed January 28, 1870. Summons'issued January 28, 1870, and served December 12, 1870. Defendant filed his answer December 21, 1870. March, 1873, the defendant gave notice of motion to dismiss the action for want of prosecution.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. Complaint in ejectment filed January 28, 1870. Summons'issued January 28, 1870, and served December 12, 1870. Defendant filed his answer December 21, 1870. March, 1873, the defendant gave notice of motion to dismiss the action for want of prosecution. The motion came up for hearing on the 30th day of May, 1873. The motion was made on the papers and an affidavit of the defendant’s attorney, that the plaintiff had taken no steps or proceedings to bring the case to trial, by placing it on the calendar or otherwise.…
1Opinion of the Court
By the Court, Niles, J.:
A similar question was presented in Chipman v. Hibberd (47 Cal. 638), where we affirmed the order of the District Court dismissing a pending action for the failure of the plaintiff to prosecute within a reasonable time. We think there was no abuse of the discretion of the Court in this case.
Order affirmed.
2Cases cited1 opinion
- Chipman v. HibberdCalifornia Supreme Court · 1874
3Cited by12 opinions
- Romero v. SnyderCalifornia Supreme Court · 1914
- Oberkotter v. SpreckelsCalifornia Court of Appeal · 1923
- People Ex Rel. Stone v. JefferdsCalifornia Supreme Court · 1899
- First National Bank v. NasonCalifornia Supreme Court · 1897
- Kreiss v. HotalingCalifornia Supreme Court · 1893
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