Cox v. Widmer

DONALDSON, Justice.

This is an appeal from an order of the district court dismissing the action of Paul Cox, plaintiff-appellant, for failure to prosecute. The issues presented are (1) whether the trial court erred in restricting plaintiff’s examination of defendant to matters within his personal knowledge, and (2) whether the trial court abused its discretion in dismissing the case for failure to prosecute.

This action was instituted by plaintiff on January 6, 1967, to recover a balance due on a conditional sale contract and on a promissory note. Over a period of several years, there were…