Legal Opinion

Ellsworth v. United States Metals Corp.

California Court of Appeal

Decided May 5, 1952No. Civ. 18883PublishedCited by 15 opinions

1Opinion of the Court

VALLÉE, J.

Appeal by plaintiff from an order of dismissal as to defendant United States Metals Corporation for failure to bring the action to trial within five years after the complaint was filed. (Code Civ. Proc., § 583.)

The action is to quiet title to mining claims. The complaint was filed August 28, 1945. Plaintiff named two defendants, United States Metals Corporation and O. K. Gilliam. The corporation was served with the summons and complaint and on September 11,1945, filed an answer. Gilliam has not been served. Not having been brought to trial, the action was dismissed as to the…

2Cases cited22 opinions

  1. Christin v. Superior CourtCalifornia Supreme Court · 1937
  2. City of Pasadena v. City of AlhambraCalifornia Supreme Court · 1949
  3. Pacific Greyhound Lines v. Superior CourtCalifornia Supreme Court · 1946
  4. Rose v. KnappCalifornia Supreme Court · 1951
  5. Kinard v. JordanCalifornia Supreme Court · 1917

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3Cited by15 opinions

  1. Brunzell Construction Co. v. WagnerCalifornia Supreme Court · 1970
  2. Adams v. Superior CourtCalifornia Supreme Court · 1959
  3. Wright v. Groom Trucking Co.California Court of Appeal · 1962
  4. Ross v. George Pepperdine FoundationCalifornia Court of Appeal · 1959
  5. Arnold v. State of CaliforniaCalifornia Court of Appeal · 1969

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