Hurley

The plaintiff appeals from a judgment of dismissal entered in the above-entitled cause on the seventh day of May, 1930. The dismissal was granted upon motion of the respondents, based upon subdivision 3 of section 581 of the Code of Civil Procedure.

The record shows that this cause was set for trial on various dates, the date being changed from time to time on account of other business of the court. While there is some slight confusion as to the various dates when orders were entered setting the cause for trial, it appears from the transcript that on the fourteenth day of February, 1930, the plaintiff served and filed with the clerk a memorandum asking that the cause be set for trial. On the twenty-first day of February, 1930, the court fixed the trial date for March 31, 1930, and thereafter an order was made changing the date of trial to April 7, 1930. Thereafter, this order was revoked and the cause reset for trial for May 5, 1930.

On the fifth day of May, 1930, counsel for the respondents appeared in court ready for trial, the plaintiff not appearing, and the following proceedings were had: “The Court: This case has been set since March 23rd? Mr. Crawford (attorney for…