Wilson

This is an appeal from an order dismissing the action for failure to bring it to trial within the five-year period as provided by section 583 of the Code of Civil Procedure.

Two former appeals were before this court. The first appeal *379 was from an order granting defendants’ motion to withdraw alleged or unauthorized appearances made in their behalf. The order granting the withdrawal of appearances was reversed as to defendant Barry but affirmed as to all defendants except defendant Barry. (Wilson v. Barry, 102 Cal.App.2d 778 [ 228 P.2d 331 ].) The second appeal was from an order dismissing the action for failure to bring it to trial within the two-year period as provided in section 583 of the Code of Civil Procedure. The judgment was reversed. (Wilson v. Barry, 119 Cal.App.2d 621 [ 259 P.2d 991 ].)

The following is a chronology of the procedure in this case:

The complaint, was filed on August 20,1948, but no summons was issued nor was any attempt made to serve defendants;

Defendants demurred to the complaint on April 30, 1949, and also at that time made a motion for summary judgment with notice and supporting affidavits;

A first amended complaint was filed on August 18,…