First National Bank v. Hunt
First National Bank v. Hunt
Opinion of the Court
This appeal is from an order of the lower court dismissing the action for want of prosecution» The action was begun against respondents on June 19, 1900, to recover upon two judgments, the liens of which were about to expire. On July 9, 1900, the respondents filed a demurrer to the complaint, upon the grounds that the complaint failed to state a cause of action, and that the action was barred by the statute of limitations. No further proceedings were taken by either party until February 5, 1904, when respondents filed a motion to dismiss the case for want of prosecution. In response to this motion, appellant filed affidavits seeking to justify the delay by reason of the fact that respondents had no property out of which a judgment might be satisfied. It was apparently conceded that the claim had been placed in the hands of a collection agency for collection independent of this action. On the hearing of the motion, the lower court dismissed the action for want
The judgment appealed from is affirmed.
Reference
- Full Case Name
- First National Bank of Fond du Lac v. Frank Hunt
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- Actions — Dismissal—Falluee to Pbosecute — Delay of Thbee Yeaes — Placing Claim With Collection Agency. It is not an abuse of discretion to dismiss an action for want of prosecution where there was a delay for three and one-half years, after the filing of a demurrer, to further prosecute the action, and the plaintiff had placed the claim with a collection agency independently of the action.