gno.law

Marks v. Keenan

California Supreme Court · S.F. No. 3482. · 1905-10-23 · Published · 82 P. 772 · 148 Cal. 161 · 1905 Cal. LEXIS 652

EDMUND MARKS, Appellant, v. HUGH KEENAN, Respondent

Proceeding
appeal from an order
Trial court
Superior Court of the City and County of San Francisco dismissing an action for want of prosecution
Trial judge
J. M. Seawell
Outcome
other — The facts are stated in the opinion of the court. [S. F.
Area
civil
Panel
The Court (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

This is an appeal by plaintiff from an order dismissing the action for want of prosecution. The general rule is that the disposition of a motion to dismiss an action for want of prosecution rests in the discretion of the trial court, and that its action on such motion will not be disturbed here unless such discretion has been grossly abnsed. We see no such abuse of discretion in this case. After the filing of the complaint and the issuing of the summons nothing was done towards serving the summons until more than a year had elapsed. During that time the summons was not given to the sheriff, nor was any other person employed to serve it. The defendant during this time was a resident of San Francisco, where the action was commenced, the place of his residence being in the city directory; and there seems to have been no good reason why he was not served. The service was not made on him until a year and four months after the commencement of the action and the issuance of the summons. Under these circumstances we do not feel called *162 upon to disturb the order appealed from. In Ferris v. Wood, 144 Cal. 426, [77 Pac. 1037], cited by appellant, there were special circumstances which were very different from those appearing in the case at bar.

The order appealed from is affirmed.

Cites, in this corpus

Cited by