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COTTON v. HALLINAN

Docket No. 19795.

201 Cal.App.2d 415 (1962)

20 Cal. Rptr. 40

KENNETH COTTON, Plaintiff and Appellant, v. TERRENCE HALLINAN, Defendant and Respondent.

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

March 16, 1962.

Attorney(s) appearing for the Case

Tinning & DeLap and Robert Eshleman for Plaintiff and Appellant.

James Martin MacInnis for Defendant and Respondent.

DRAPER, P.J.

This appeal turns upon construction of the trial court's order of April 3, 1956, determining defendant's motion for new trial.

Only three years are allowed to bring an action to trial after entry of order granting new trial (Code Civ. Proc., § 583). Thus if the 1956 order in fact granted new trial, the orders of July 13, 1960, dismissing the action for lack of prosecution and denying plaintiff's motion for issuance of execution are proper...

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