(Download) "Woley V. Turkus" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Woley V. Turkus
- Author : Supreme Court Of California
- Release Date : January 30, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
A judgment of dismissal of this action was rendered pursuant to section 583 of the Code of Civil Procedure. The dismissal was ordered on the ground that there had been an inexcusable delay of more than five years in bringing the action to trial. The plaintiff has appealed, contending that under the terms of a written stipulation and the circumstances otherwise appearing the dismissal was not mandatory and that the defendant is estopped to contend otherwise. The defendant contends that the stipulation extended the time only to January 13, 1956; that the plaintiff did not bring the action to trial on or before that date, and that there was no act or omission on the part of the defendant which would prevent him from invoking the mandatory provisions of section 583, the pertinent portions of which read: "Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of the defendant, after due notice to plaintiff or by the court upon its own motion, unless such action is brought to trial within five years after the plaintiff has filed his action, except where the parties have filed a stipulation in writing that the time may be extended. . . ."
 "Woley V. Turkus" by Supreme Court Of California " eBook PDF Kindle ePub Free){kind=link}