NEUHAUS v. CLARK COUNTY


14 Wis.2d 222 (1961)

NEUHAUS and wife, Appellants, v. CLARK COUNTY, Respondent. [Two cases.]

Supreme Court of Wisconsin.

October 3, 1961.


Attorney(s) appearing for the Case

For the appellants there were briefs by Pors & Pors of Marshfield, and oral argument by William P. Pors.

For the respondent there were briefs and oral argument by Everett C. Gorsegner, district attorney.


MARTIN, C. J.

The trial court based its dismissals in both actions on failure to prosecute under sec. 269.25, Stats. That statute provides:

"The court may without notice dismiss any action or proceeding which is not brought to trial within five years after its commencement."

The statute is permissive, not mandatory, and unless the judgment of the trial court is clearly the result of an abuse of discretion, this court will not disturb it. See Condon...

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