Action to Quiet Title—Dismissal Because Defendant has no Interest in Property.—The fact that a defendant in a suit to quiet title claims no interest in the property is not sufficient ground for a dismissal of the action as to him, if, instead of filing a disclaimer,. he answers, denying the plaintiff’s ownership and right to the possession of the property.

Id.—Dismissal as to City—Insufficiency of Grounds.—In such action the fact that one of the defendants, a city, has instituted an action against others involving a portion of the land claimed by the plaintiff, or that a part of it is used as a public street, all as shown by the defendant’s affidavit, is not a ground for dismissal as to the city.

Id.—Dismissal of Action for Delay in Prosecution—Power of Court After Answer Filed.—Prior to the enactment of section 583 of the Code of Civil Procedure, the courts were vested with discretionary power to dismiss an action at any time for unreasonable delay in its prosecution, notwithstanding an answer had been filed. But the effect of such section is to change this rule and restrict the exercise of the power of dismissal, where answer is filed, to two years after the date of such filing. The declaration that the court has power in its discretion to dismiss an action upon the conditions prescribed implies the negative of the power to dismiss unless such conditions exist.

Id.—Implied Repeal of Statutes—Sections 582 and 583 of the Code of Civil Procedure.—The amendment of section 582 of the Code of Civil Procedure subsequently to the enactment of section 583 of that code, should not be construed as an implied repeal of the latter.

Id.—Filing of Answer—Whether Waives Delay in Prosecution.— The defendants in a suit to quiet title, by filing their answers, waive any laches predicated upon the ground of failure on the part of the plaintiff to prosecute the action prior to the filing of the answers, and after filing their answers the only showing of fact which the defendants are entitled to make or have considered by the court in support of a motion of dismissal is the plaintiff’s neglect in prosecuting the case after the date of such filing.

Id.—Statute—Interpretation with. Reference to Purpose or Object. A statute,, must be construed with reference to the object to be accomplished by it, and in ascertaining such object it is proper to consider the necessity for its enactment.

Id.—Construction oe Statute—Necessary Implications.—Whatever is necessarily implied in a statute is as much a part of it as that which is expressed; and affirmative expressions in a statute introducing a new rule imply a negative of all not within their purview.