Dempsey

This is an appeal by plaintiff from a judgment dismissing an action for the reason that the same was not brought to trial within five years after issue joined by answer between the intervener and plaintiff.

The action was one commenced September 24, 1900, to quiet-plaintiff’s title to an undivided interest in certain mining claims as against certain persons named as defendants. The-defaults of all these persons were entered in the year 1901,. the last of such defaults having been entered on October 15, 1901, but no judgment has ever been given as against any of said defendants. By leave of the court, the Desert Mining Company filed its complaint in intervention on October 26, 1900, claiming all of the property as against both plaintiff and defendants. Plaintiff’s demurrer to this complaint in inter vention was overruled, and he filed his answer thereto on November 24, 1900. On September 25, 1906, plaintiff gave notice of a motion to be made for an order dismissing the action in intervention on the ground that the issues tendered by the intervener had not been brought to trial within five years after the plaintiff had filed his answer, and that such neglect had not been due to any…