Jefferds

—Motion to dismiss the action for want of prosecution. The suit was brought in the county of Yuba to have the Brown’s Valley Irrigation District declared to have no legal existence. The original complaint was filed January 3, 1891, and was signed by Attorney General Johnson. The defendants, except the defendant corporation, filed demurrers January 16, 1891, which were amended March 28, 1891, and, as amended, were, on June 16, 1891, sustained on the ground that said defendant corporation should be made a party to the action. On September 2, 1892, plaintiff filed an amended complaint, signed by Attorney General Hart, to which all the defendants, including the defendant corporation, demurred on September 23, 1892. Hothing further was done in the case, so far as the court minutes show, until December 7, 1896, when W. G. Murphy, Esq., of counsel for plaintiff, served upon defendants a notice that plaintiff would move the court, on December 26, 1896, at 2 o’clock P. M., “to have a day set- for the hearing of the demurrers of defendants to the plaintiff’s amended complaint.” The minutes of the court show that on December 26, 1896, said motion last above set forth “was, on motion,…