Hoy v. McConaghy

This is what is commonly called a mining adverse suit, and was commenced in the district court of El Paso county by the appellants, as plaintiffs. Summons was served; complaint, answer and replication filed, and the cause was brought finally to issue on August 8, 1896. Thereafter, no action seems to have been had, nor order made in the case, or in reference thereto, until the lapse of about fourteen months, when the defendants moved the court to dismiss the action at plaintiff’s cost, under the terms of a rule of the court, which reads as follows:

“ Rule 20. Dismissal on Failure to Prosecute.…