Harris v. Harris

OPINION

By the Court,

McKnight, District Judge:

This is an appeal by defendant from a judgment of dismissal, rendered on motion of plaintiff, for failure of defendant to use due diligence in the prosecution of her cross action after reversal of the case by the supreme court, and because said cross complainant “does not intend to proceed with a new trial, * * * and has abandoned the same and her cause of action on her cross complaint.”

The record discloses the following facts:

On July 15, 1942, respondent, as plaintiff in the trial court, filed his action for divorce on the ground of three years…