No. 35143.

56 Wn.2d 117 (1960)

351 P.2d 409

THE STATE OF WASHINGTON, on the Relation of Mabel Witting, as Executrix, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, William J. Wilkins, Judge, Respondent.

The Supreme Court of Washington, En Banc.

April 21, 1960.

Attorney(s) appearing for the Case

Casey & Pruzan (John F. Kovarik, of counsel), for relator.

Carl P. Zapp and Leo A. Anderson, for respondent.


This cause is here upon the petition of the defendant for a writ of mandamus to compel the trial court to dismiss the cause under Rule of Pleading, Practice and Procedure 3, 34A Wn. (2d) 69.

After issue was joined, this tort action was noted for the trial calendar and thereafter set to be tried on February 5, 1958. On February 4, 1958, there is a minute entry reciting "Cause continued subject to call."...

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