Seymour v. Wood (1883) · DecisionDepot

Seymour v. Wood

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jan 26, 1883Published

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Holding. The court held that a trial court's decision to vacate an order of dismissal for want of prosecution is reviewed for abuse of discretion and will be sustained absent a clear and manifest abuse.

Issues

Whether the Superior Court abused its discretion in vacating an order of dismissal for want of prosecution.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A motion to set aside an order of dismissal is addressed to the sound discretion of the Superior Court, and this court is disposed to sustain the ruling of the court below, unless there is a clear and manifest abuse of discretion.”

“No such clear and manifest abuse exists here, and the order must be affirmed.”

Synopsis

Appeal from an order of the Superior Court of the county of Nevada.

The dismissal was set aside on the ground of mistake, inadvertence, and excusable neglect.

By the Court. The court below dismissed this cause on motion of defendants for want of prosecution, and on a further motion set aside the order of dismissal. An appeal is prosecuted from the last mentioned order. The ruling of the Superior Court was liberal, but we cannot see that it abused its discretion in vacating the order of dismissal. A motion to set aside an order of dismissal is addressed to the sound discretion of the Superior Court, and this court is disposed to sustain the ruling of the court below, unless there is a clear and manifest abuse of discretion. No such clear and manifest abuse exists here, and the order must be affirmed.

So ordered.

Seymour v. Wood

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