Beirne v. Wadsworth

U.S. Circuit Court for the District of Minnesota

Beirne v. Wadsworth

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

CourtU.S. Circuit Court for the District of Minnesota

DecidedNovember 14, 1888

StatusPublished

This text of 36 F. 614 (Beirne v. Wadsworth) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*617for. 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]*617for. 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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Bluebook (online)

36 F. 614, 1888 U.S. App. LEXIS 2657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beirne-v-wadsworth-circtdmn-1888.