Hassey v. S. San Francisco Homestead & R.R. Ass'n

Citations

• 102 Cal. 611
• 36 P. 945
• 1894 Cal. LEXIS 694

Syllabus

<p>Dismissal of Action—Want of Prosecution—Discretion—Appeal.— The superior court has power to dismiss an action therein pending for want of prosecution, and its action will not be disturbed upon appeal in the absence of a showing of an abuse of discretion.</p> <p>Id.—Long Delay in Prosecution—Consent to Part Delay.—The dismissal of an action by the superior court for want of prosecution will not be disturbed upon appeal where it appears that the action had been commenced more than twenty years before a motion to dismiss was made, and that the motion stood over for two years without being brought to a hearing, although it is admitted that the delay in bringing the case to a hearing was, during the first ten years, by the consent of, or at the request of, the defendant’s attorney.</p>