First National Bank v. Nason

Citations

• 115 Cal. 626
• 47 P. 595
• 1897 Cal. LEXIS 485

Syllabus

<p>Action — Dismissal for Want of Prosecution — Discretion.—The superior court has power to dismiss an action for want of prosecution, and the exercise of this power is left to the discretion of the court, subject only to reversal for a patent abuse of such discretion.</p> <p>Id.—Excuse for Delay—Consent of Defendant—Threat of Insolvent Proceedings.—Where the delay in the prosecution has been had at the instance or request of the defendant, the court will properly refuse to dismiss; but a mere threat of the defendant to take advantage of the insolvent laws, not coupled with any request for delay, or promise of payment in the event of such delay, is not a valid excuse for postponement on the part of the plaintiff in prosecuting the action.</p> <p>Id.—Action upon Note—Continued Delay.—The delay of nearly a year to take out summons after filing the complaint in a simple action upon a promissory note, the delay of nearly another year to serve the summons, with the defendant ever present, and the delay of a year and a half after issue joined in such action is sufficient to justify the exercise of the discretion of the court in dismissing the action for want of prosecution.</p>