Campbell v. Deddens

UDALL, Vice Chief Justice.

This is a petition for a Writ of Mandamus to compel the respondent, Judge of the Superior Court in Cochise County, to dismiss an action pursuant to Rule V(d) of the Uniform Rules of Practice of the Superior Court. 1 An alternative writ has been granted.

Respondents Lester Stout and Mamie Stout, the real parties in interest, filed their complaint against the petitioners on August 8, 1961. On October 1, 1962, without motion by any party, the Clerk of the Superior Court in Cochise County notified the attorneys for the parties that the case had been placed on the inactive…