Helm

These two cases come before the court on motions to vacate orders of dismissal made under court rule 38, which rule reads as follows: “Causes which have been pending in this Court for more than one year without any proceedings having been taken therein during such year shall be dismissed, as of course, for want of prosecution by the Court on its own motion, at a general calling of a calendar at the beginning of a term prepared for the purpose by the Clerk. Such causes may also be dismissed for want of prosecution at any time on motion by any party upon notice to the other parties.”

Suits were filed in this court on November 27, 1931, on judgments obtained in Alameda county against the chauffeur of an assured of defendant. An affidavit of one of plaintiff’s attorneys states that he prepared and submitted to defendant’s attorneys a stipulation providing for the use in the present cases of the transcripts of testimony taken in the Alameda county cases. After some delay, the resident secretary of defendant (who affiant believes is an attorney) advised affiant that defendant would not sign the stipulation, and that plaintiffs would have to take depositions of the witnesses. Thereafter…