Feather River Land & Mining Co. v. Paradise Irrigation District

Appeal from a judgment of dismissal of the action on motion of the defendant based on alleged lack of diligence in the prosecution of the cause.

The plaintiff was the owner of lands, including mineral rights therein and certain improvements thereon, located within the defendant irrigation district.

From 1917 to 1927, inclusive, the - plaintiff paid irrigation district assessments levied against said lands. The lands were sold to the district for delinquent assessments of 1928.

On April 11, 1933, the plaintiff filed the complaint seeking to quiet- its title against the district and for other incidental relief, claiming that the assessments were confiscatory and otherwise invalid. Summons was issued upon the filing of the complaint but was not served until May 17, 1934, notwithstanding the fact that the district maintained its offices in the county of Butte and its officers ’ were at all times known to the plaintiff’s attorney and available for service of summons.

On May 1, 1934, the district- commenced an action against the plaintiff involving the property, and process was served on the defendant therein (plaintiff herein), prior to May 17, 1934. The defendant’s motion to…