Northwestern Malleable Iron Co. v. McMahon

The defendant contends that under the doctrine of Smith v. Carter (1910), 141 Wis. 181, 122 N. W. 1035, where the court declared:

“Protraction of litigation may be a serious abuse, and it is the duty of trial courts, independently of statute and under inherent powers, to discourage it as much as possible and to refuse fheir aid to those who negligently or abusively fail to prosecute the actions which they commence.”—

and under sec. 269.25, Stats. 1933, which is as follows :

“Dismissal for delay. The circuit courts and the superior courts may dismiss, upon their own or upon the motion of either…