Stanley v. Gillen

Citations

• 119 Cal. 176
• 51 P. 183
• 1897 Cal. LEXIS 875

Syllabus

<p>Dismissal of Action—Want of Pbosecütion—Delay in Sebvice of Summons—Discbetion—Oonstbuction of Code.—Subdivision 7 of section 581 of the Code of Civil Procedure, providing that no actions shall be further prosecuted, and all actions shall be dismissed unless summons shall have been issued within one year and shall have been served within three years after the commencement of the action, is not to be construed as meaning that plaintiff may have the full time limited thereby in all cases; but it is still discretionary with the court, as it was prior to the amendment of that section, to dismiss the action for improper delay in the prosecution of it, even though the summons be issued and served within the time limited by the code.</p> <p>Id.—Rule not Fixed ob Cebtain—Question as to Abuse of Discretion.— There is no fixed or certain rule as to the dismissal of an action for want of prosecution in eases in which the dismissal is not made compulsory by the Code of Civil Procedure; and where there is no dispute as to the facts, the only question is whether there is an abuse of discretion in dismissing the action in view of the particular circumstances of the case. The facts of this case reviewed, and the dismissal held not an abuse of discretion.</p>