Southern Pacific Co. v. Superior Court

This is an application by petitioners for a writ of mandate directed to the respondents, requiring the dismissal for want of prosecution of a certain action now pending in the superior court of the county of Solano, No. 4529, and entitled “Antone A. Lewohl, Plaintiff, v. Southern Pacific Company, a Corporation, and John Stathakis, Defendants.’’

The record of said court concerning the cause last referred to, as presented to us, shows the following proceedings: Complaint filed March 26, 1913; answer of the defendants filed October 23, 1916, and notice of motion for leave to file supplemental answer and plea in abatement filed August 6, 1917, setting August 13-, 1917, as the date of the making of said motion. t

On or about the twenty-seventh day of November, 1917, the following stipulation was filed in said cause, to wit:

On the eighth day of October, 1923, the defendants moved the trial court to dismiss action No. 4529 pending therein on the ground that more than five years had elapsed since the filing of the defendants’ answer therein and that no stipulation in writing or otherwise was ever entered into by the parties extending the five year period within which an action may be…