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Seymour v. Wood

Supreme Court of California
Jan 26, 1883
63 Cal. 81 (Cal. 1883)

Opinion

         APPEAL from an order of the Superior Court of the county of Nevada.

         The dismissal was set aside on the ground of mistake, inadvertence, and excusable neglect.

         COUNSEL:

         J. C. Caldwell, and J. N. Thorne, for Appellants.

         C. W. Cross, for Respondent.


         OPINION

         THE COURT.

         The court below dismissed this cause on motion of defendants for want of prosecution, and on a further motion set aside the order of dismissal. An appeal is prosecuted from the last mentioned order. The ruling of the Superior Court was liberal, but we cannot see that it abused its discretion in vacating the order of dismissal. A motion to set aside an order of dismissal is addressed to the sound discretion of the Superior Court, and this court is disposed to sustain the ruling of the court below, unless there is a clear and manifest abuse of discretion. No such clear and manifest abuse exists here, and the order must be affirmed.

         So ordered.


Summaries of

Seymour v. Wood

Supreme Court of California
Jan 26, 1883
63 Cal. 81 (Cal. 1883)
Case details for

Seymour v. Wood

Case Details

Full title:C. H. SEYMOUR, RESPONDENT, v. L. W. WOOD ET AL., APPELLANTS

Court:Supreme Court of California

Date published: Jan 26, 1883

Citations

63 Cal. 81 (Cal. 1883)

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