¶1A careful examination of the transcript of the record—including the affidavits used on the motion— satisfies us that the court below did not abuse its discretion in granting the defendant’s motion to dismiss the action, but that it was justified by the evidence in making the order appealed from. Order and judgment affirmed.
2 Cal. Unrep. 749
Pacific Bridge Co. v. Jacobus
Decided March 26, 1887
California Supreme Court · decided 1887-03-26
The record shows that this was an action to recover a street assessment; that it accrued November 6, 1877; that the action was commenced October 25, 1879; that the summons was issued October 6, 1880; that the summons has not been served; and that the plaintiff did nothing between the date of issu- anee of the summons till the motion to dismiss was made.
Decided 1887-03-26