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50 Cal. 38

Simmons v. Keller

California Supreme Court

Decided July 1, 1875

California Supreme Court · decided 1875-07-01

Complaint in ejectment filed January 28, 1870. Summons'issued January 28, 1870, and served December 12, 1870. Defendant filed his answer December 21, 1870. March, 1873, the defendant gave notice of motion to dismiss the action for want of prosecution. The motion came up for hearing on the 30th day of May, 1873.

Relies on Chipman v. Hibberd

Good law ✅— No negative treatment on recordhow we know

Decided 1875-07-01

How this case has been cited

Cited by 13 later decisions — most recently November 1923

13 state decisions

60187518801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Niles, J.:

¶1A similar question was presented in Chipman v. Hibberd (47 Cal. 638), where we affirmed the order of the District Court dismissing a pending action for the failure of the plaintiff to prosecute within a reasonable time. We think there was no abuse of the discretion of the Court in this case.

¶2Order affirmed.

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