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ROSE v. KNAPP

Docket No. L.A. 21556.

38 Cal.2d 114 (1951)

237 P.2d 981

MAURICE ROSE, Appellant, v. E.W. KNAPP et al., Defendants; JUNE KNAPP et al., Respondents.

Supreme Court of California. In Bank.

December 4, 1951.

Attorney(s) appearing for the Case

A.J. Weiss and Samuel H. Sherman for Appellant.

Bodkin, Breslin & Luddy, S.V.O. Prichard, Benjamin Chipkin and Oliver O. Clark for Respondents.

GIBSON, C.J.

This appeal involves the propriety of the trial court's dismissal of a quiet title action pursuant to a motion made by defendants June Knapp and Mattie Hye on the ground that plaintiff had failed to bring the action to trial within five years after the filing of the complaint and that dismissal was mandatory under section 583 of the Code of Civil Procedure.*

More than 20 years ago, in 1929, Lorn Betty, plaintiff's...

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