Poole v. Caulfield

Citations

• 45 Cal. 107

Syllabus

<p>Appeal from Order.—Alleged error in entering an order cannot be inquired into on appeal, unless there is a statement annexed to the order.</p> <p>Construction of Bule of Court.—If a rule of Court provides, that when a cause has heen at issue for two years upon a question of either law or fact, and the plaintiff has not brought it on for a hearing, that the defendant shall be entitled to an order of dismissal without notice, the continuance of the time for the argument of a demurrer by consent takes away for two years thereafter the right of the defendant to move for a dismissal.</p> <p>Diligence in Prosecuting Suit.—On an appeal from an order which involves the question of the dismissal of an action for want of diligence in prosecuting it, the question of diligence must first he presented to the Court below on notice given, or it will not be considered by the appellate Court.</p>