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Seymour v. Wood

California Supreme Court · · 1883-01-26 · Published · 63 Cal. 81 · 1883 Cal. LEXIS 364

C. H. SEYMOUR v. L. W. WOOD

Area
civil

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

By the Court.

The court below dismissed this cause on motion of defendants for want of prosecution, and on a further motion set aside the order of dismissal. An appeal is prosecuted from the last mentioned order. The ruling of the Superior Court was liberal, but we cannot see that it abused its discretion in vacating the order of dismissal. A motion to set aside an order of dismissal is addressed to the sound discretion of the Superior Court, and this court is disposed to sustain the ruling of the court below, unless there is a clear and manifest abuse of discretion. No such clear and manifest abuse exists here, and the order must be affirmed.

So ordered.

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