Congdon v. Aumiller

Citations

• 79 Wash. 616
• 140 P. 912

Syllabus

<p>Appeal — Record—Statement oe Facts — Aefidavits. Affidavits used below in tbe nature of evidence cannot be considered on appeal, unless brought up by bill of exceptions or statement of facts.</p> <p>Actions — Dismissal—Failure to Prosecute — Discretion. It is discretionary to dismiss an action for want of prosecution where it had been pending since 1906, the plaintiffs took no affirmative measures looking to the formation of an issue, continuances by stipulation extended inaction until June 15, 1909, when the defendants filed a demurrer, where the matter rested until February, 1911, when defendants moved for the dismissal, and the plaintiffs were without any attorney authorized to represent them from October, 1907, to April, 1913.</p>