Sunset Publishing House v. Cottage Gardens Nurseries

This is an appeal from an order dismissing the action on the ground of want of prosecution. The complaint was filed in the superior court of the county of Humboldt on November 22, 1918. The cause of action was a balance due the plaintiff for work and labor performed and materials furnished to the defendant, amounting to $1,224.45. A demurrer was filed to said complaint on December 13, 1918. About this time the defendant became financially involved, and upon proceedings duly had in the superior court of that county a receiver was appointed for the defendant.

On November 9, 1921, upon application to the superior court, permission was given to the plaintiff to prosecute an action against this defendant and said receiver. Thereafter, and on December 28, 1923, new attorneys were substituted for the plaintiff herein and on December 28, 1923, they filed an amended complaint herein adding said receiver as a party defendant. To this amended complaint the defendants demurred on January 24, 1924, and at the same time filed a motion to dismiss this action on the ground that the plaintiff had failed to prosecute it with due diligence. The affidavit of the attorney for the defendants in…