Craghill

This is an appeal from an order dismissing the action for failure on the part of the plaintiff to prosecute the same with reasonable diligence. The complaint was filed on the eighteenth day of October, 1929, and contains four separate causes of action, the first three of which are based upon three several promissory notes aggregating the sum of $14,000 and contains the usual allegations of execution, delivery and nonpayment. The fourth cause of action was brought for the purpose of recovering the sum of $4,513.52 as a balance due upon a mutual, open and current book account. In his answer, defendant denied generally the nonpayment of the several notes, denied the indebtedness upon the mutual, open and current book account, and filed a cross-complaint in which he alleged that the complainant, and cross-defendant was indebted to him in the sum of $3,934.34 for money had and received for the benefit of tlie cross-complainant. Prior to the trial, the defendant demanded of the plaintiff a bill of particulars of the account on which the fourth cause of action in the complaint was based. Pursuant to such demand the plaintiff prepared and delivered to defendant such bill of particulars.…