Legal Opinion
Franks v. Douglas
Washington Supreme Court
Decided January 26, 1961No. 35175PublishedCited by 11 opinions
1Opinion of the CourtWeaver, J.
— Should this action be dismissed for want of prosecution, pursuant to Rule of Pleading, Practice and Procedure 41.04W (a), RCW Yol. 0? The rule provides:
“Dismissal of Causes for Want of Prosecution, (a) Dismissal on Motion of Parties. Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff, . . . neglects to note the action for trial or hearing within one year after any issue of law or fact has been joined, unless the failure to bring the same on for trial or hearing was caused by the party who makes the motion to dismiss. Such motion to dismiss…
2Cases cited4 opinions
- State ex rel. Washington Water Power Co. v. Superior CourtWashington Supreme Court · 1952
- State Ex Rel. Witting v. SUP. CT. FOR KING CTY.Washington Supreme Court · 1960
- Flaherty v. FlahertyWashington Supreme Court · 1957
- Franks v. DouglasWashington Supreme Court · 1959
3Cited by11 opinions
- Vaughn v. ChungWashington Supreme Court · 1992
- Lewis v. PriceCourt of Appeals of Georgia · 1961
- Yellam v. WoernerWashington Supreme Court · 1970
- Nicholson v. BallardCourt of Appeals of Washington · 1972
- Davis v. SmithWashington Supreme Court · 1962
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