Lewis

Appeal by plaintiff from an order dismissing the action under section 583 of the Code of Civil Procedure. The order was made as to other named defendants; however, the appeal is taken from the order dismissing as to defendant Greenspun only.

The action is in personam. The cause of action alleged is a conspiracy between defendant Greenspun, called defendant, and other defendants to convert plaintiff’s boat for use in smuggling a cargo of arms and ammunition out of the United States and shipping it from Mexico to Israel. It is alleged defendants forcibly seized the boat and converted it to their own use.

The following is the chronological history of the cause:

June 26, 1950, complaint filed and summons issued.

July 6, 1950, defendant served with summons and complaint.

September 1, 1950, service of summons quashed on motion of defendant, represented by counsel.

June 14, 1951, action first set for trial for March 24, 1952.

March 24, 1952, cause ordered off calendar on court’s own motion subject to resetting after 30 days.

August 8, 1952, alias summons issued.

November 9, 1953, alias summons and complaint served on defendant by personal service within the…