Simmons v. Keller
California Supreme Court Jul 1, 1875 No. No. 3889Published
Before: Niles
Synopsis
Dismissal op Action poe want op Peosecution.—If, after the defendant has answered, the plaintiff neglects for more than two years to bring the case to trial, or to take any steps looking to a trial, the court may, on motion of the defendant, made on notice to the adverse party, dismiss the action.
By the Court, Niles, J.: A similar question was presented in Chipman v. Hibberd (47 Cal. 638), where we affirmed the order of the District Court dismissing a pending action for the failure of the plaintiff to prosecute within a reasonable time. We think there was no abuse of the discretion of the Court in this case.
Order affirmed.
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