Pardy v. Montgomery

Citations

• 2 Cal. Unrep. 869
• 18 P. 330

Syllabus

<p>Dismissal of Action for Want of Prosecution.—A case was tried before the court, who announced that his opinion was for defendants, but notice of decision was not given, or finding of facts filed or waived. After some delay, plaintiff applied to the clerk to enter judgment, that he might appeal, and, being refused, moved for a new trial, which motion was dismissed, whereupon he moved to place the case on the calendar for trial, pending which defendants moved to dismiss the ease for want of prosecution. Held, not a proper case for dismissal.</p>