Pacific Greyhound Lines V. Superior Court

Petitioners, who are defendants in an action for personal injuries and property damage resulting from an automobile collision on June 18, 1939, moved in the superior court for dismissal of the action on the ground that it had not been brought to trial within five years after filing of the complaint. (Code Civ. Proc., § 583.) Such motion was resisted, and the trial court denied it, presumptively upon the ground that one of the defendants was in the military service at all times subsequent to the first fifteen months after the complaint was filed and that it had been and was impossible or impracticable to try the case during the military service of such defendant. Petitioners, hereinafter referred to as defendants, now seek mandate to compel, in effect, reversal of the order denying dismissal. We have concluded that upon the record before us the writ must be denied.