Steinbauer

Appeal by plaintiff from an order and judgment of dismissal, granted upon motion of certain defendants, now respondents herein, made upon the ground that there had been an unreasonable delay in bringing the action to trial.

Plaintiff is the assignee of eighty (80) claimants against eighty-six (86) defendants, and the action is to enforce certain claims against the defendants upon their liability as stockholders of a corporation known as Pacific Preserve Company, the claims being variously for goods, wares and merchandise sold, or services rendered, to said corporation.

The original complaint in the action set forth eighty causes of action, and was filed November 22, 1926. Summons was thereupon issued, and between December 3, 1926, and June 5, 1928, demurrers of various defendants were filed. On August 9, 1928, the respondents, with the exception of Joseph Seeonda, filed their, answer to the so-called “Amended Complaint”, and he, on August 29, 1928, filed his answer to such complaint, it being the only answer filed by Seeonda.

On May 22, 1928, appellant filed a pleading denominated “Amendments to Complaint”, the same being amendments as to matters of detail, and on August 21,…