Turnbull

Petitioner seeks a writ of mandate to compel respondents to dismiss a certain action entitled Harriet A. Turnbull v. Albert G. Turnbull, said action being No. 128,810 in the files of the respondent court. The answer of respondents admits that the time for bringing the action to trial was never entended by stipulation of the parties and alleges that petitioner's motion to dismiss was denied by the respondent court on the ground that petitioner was in contempt at the time the motion was made.

The essential facts are undisputed. The action was filed in 1921 and was at issue on both the complaint and cross- complaint as early as April, 1922. In December, 1921, the respondent court had made its order requiring petitioner to pay to the plaintiff in said action the sum of $40 per month as alimony pendente lite. No further proceedings were had and the motion to dismiss was made after the cause had been at issue for more than ten years. In the trial court plaintiff filed an affidavit in opposition to the motion to dismiss and petitioner filed a counter-affidavit. Plaintiff’s affidavit admitted that petitioner had paid a total of $3,800, but alleged that there was a balance unpaid of…