Beirne v. Wadsworth

U.S. Circuit Court for the District of Minnesota

Beirne v. Wadsworth

36 F. 614, 1888 U.S. App. LEXIS 2657

U.S. Circuit Court for the District of Minnesota·Decided November 14, 1888·Published

Opinion

Shiras, J.

With some hesitancy, I overrule the motion for an order dismissing the cause for want of prosecution. From the affidavits filed, while it clearly appears that complainants are in fault in not preparing the cause for trial, yet the excuse offered may explain the reasons there[617] for. It is certainly the duty of complainants’ counsel to either reach a settlement or prepare the case for trial. Unless such action is had, defendant has leave to renew his motion at the next term.

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Shiras, J.

With some hesitancy, I overrule the motion for an order dismissing the cause for want of prosecution. From the affidavits filed, while it clearly appears that complainants are in fault in not preparing the cause for trial, yet the excuse offered may explain the reasons there[617] for. It is certainly the duty of complainants’ counsel to either reach a settlement or prepare the case for trial. Unless such action is had, defendant has leave to renew his motion at the next term.

Beirne v. Wadsworth, 36 F. 614, 1888 U.S. App. LEXIS 2657 (circtdmn 1888).

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