Legg v. United Benefit Life Insurance

Plaintiff appeals from a judgment of dismissal on the ground that she did not bring her ease to trial within three years after the filing of the remittitur following the reversal of a prior judgment. She also appeals from the order denying her motion to vacate the said judgment. The action of the trial court was based on that portion of section 583, Code of Civil Procedure, which reads as follows:

“When in an action after judgment, an appeal has been taken and judgment reversed with cause remanded for a new trial . . . the action must be dismissed by the trial court, on motion of defendant…