Rio Vista Mining Co. v. Superior Court

This matter is before this court on petition for writ of mandate to enforce the dismissal of an action for failure to bring the same to trial within five years after answer filed, as required by section 583 of the Code of Civil Procedure.

The action was brought in said superior court by one Ed Metcalf, as plaintiff, against the petitioner here, Rio Vista Mining Company, and others, as defendants. The suit was begun August 13, 1913. Various pleadings were filed, but it is conceded by the parties that the matter was finally brought to issue by a stipulated answer on September 24, 1915.

The attorney for plaintiff in this action resides at Marysville and the attorneys for petitioner reside and have their office in San Francisco, while the action was pending in the county of Plumas. Hence, it appears that most of the negotiations herein referred to have been carried on by correspondence.

The defendant, petitioner here, claiming that the action had not been brought to trial within the five-year period under section 583, supra, moved the court for a dismissal on the 10th of March, 1921, more than five years after answer filed.

The motion was denied in the superior court, and this…