Pickett v. Hastings

Citations

• 39 Cal. 105

Syllabus

<p>Pbactice.—Motion to Set Aside an Obdeb of Dismissal fob want of Pbosecution.—When a plaintiff, after bringing his action, but has no summons served, absents himself for many months from his place of residence, leaving no attorney to represent him, lie has no cause to complain that some of the defendants have voluntarily appeared and filed their answers and the case had been set down on tho calendar for trial, and, when called, dismissed for the want of prosecution, unless he shows that he was acting under some mistake of law, or been lulled into a false security by something which the defendants appearing had said or done.</p>