Vecki v. Sorensen

This is an appeal from a judgment of dismissal for failure to bring the ease to trial within five years after the filing of appellants’ complaint.

In substance appellants’ action for an injunction to restrain respondent from quarrying and excavating land adjacent to appellants’ land, including damages thus inflicted upon appellants’ land, gave birth to a second issue involving appellants’ title. The litigation of the descendant dispute according to respondent caused a delay sufficient to dispatch the parent suit under Code of Civil Procedure, section 583, because it was not “brought to trial…