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FINLEY v. PERRY

Docket No. 25855.

207 Cal.App.2d 363 (1962)

24 Cal. Rptr. 308

LILLIE BELL FINLEY, Plaintiff and Appellant, v. CHARLES W. PERRY, as Executor, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

August 31, 1962.

Attorney(s) appearing for the Case

J.B. Mandel and Herman Friedman for Plaintiff and Appellant.

Wellborn, Barrett & Rodi and Gyte Van Zyl for Defendant and Respondent.

FILES, J.

Plaintiff appeals from a judgment dismissing the action for failure to prosecute.

[1] Section 583 of the Code of Civil Procedure provides in part: "The court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after action is filed to bring such action to trial......

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