McGurren v. Noyes Bros. & Cutler

This is an appeal from a decision dismissing an action.

The motion to dismiss was upon three grounds: (1) Rule 14 of the district court rules providing for dismissal whenever any case has been at issue, whether upon the calendar, or not, for three successive terms of court. (2) Lack of prosecution in violation of section 7598, Compiled Laws 1913. (3) Because of dissolution of the defendant corporation.

The action was commenced in June, 1928, and notice of trial was served in time to place said action on the calendar for trial at the November, 1928, term of said court. Nothing further was done…