Saville v. Frisbie

Citations

• 70 Cal. 87
• 11 P. 502
• 1886 Cal. LEXIS 731

Syllabus

<p>Practice—Reference—Want of Diligence in Prosecution—Dismissal. —The reference of an action for trial and judgment does not deprive the court of power to order its dismissal for want of diligence in its prosecution before the referee.</p> <p>Id. — The action was commenced on the 31st of March, I860. On the 15th of May, 1861, it was referred to a referee to report a judgment. In the years 1862 and 1863, the plaintiff introduced a portion of his evidence, but no further steps were taken in the matter until June, 1883. In August, 1868, the original plaintiff died, and on the 24th of February, 1881, his administrator was substituted in his place. The administrator knew of the condition of the action for at least ten years before his substitution. On the 5th of November, 1883, the court made an order dismissing the action for want of diligence in its prosecution. Held, that the order was proper.</p>