Neuhaus v. Clark County

The trial court based its dismissals in both actions on failure to prosecute under sec. 269.25, Stats. That statute provides:

“The court may without notice dismiss any action or proceeding which is not brought to trial within five years after its commencement.”

The statute is permissive, not mandatory, and unless the judgment of the trial court is clearly the result of an abuse of discretion, this court will not disturb it. See Condon Wrapping Machine Co. v. Racine Engine & Machinery Co. (1924), 183 Wis. 435, 198 N. W. 268. As stated in Hine v. Grant (1903), 119 Wis. 332, 335, 336, 96 N. W.…