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STATE EX REL. W.W.P. CO. v. SUP. CT. FOR CHELAN CTY.

No. 32212.

41 Wn.2d 484 (1952)

250 P.2d 536

THE STATE OF WASHINGTON, on the Relation of The Washington Water Power Company et al., Plaintiff, v. THE SUPERIOR COURT FOR CHELAN COUNTY, Fred Kemp, Judge, Respondent.

The Supreme Court of Washington, Department One.

November 13, 1952.

Attorney(s) appearing for the Case

Paine, Lowe & Coffin and R.D. Kendall, for relators.

Harvey F. Davis, Sam R. Sumner, Sr., and Sam R. Sumner, Jr., for respondent.

WEAVER, J.

What effect, if any, does a written stipulation, that an action cannot be noted for trial by either counsel before an agreed date, have upon the application of Rule 3, Rules of Pleading, Practice and Procedure, 34A Wn. (2d) 69, which reads:

"Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff or cross-complainant shall neglect to note the action for trial or

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