Montana Supreme Court

Bertha R. Cremer, Plaintiff and Appellant v. Ed Braaten and Olga Braaten, His Wife, Defendants and Cross-Complaints…

March 12, 1968151 Mont. 18

Summary

The court affirmed dismissal of the plaintiff's action because she failed to prosecute it with reasonable diligence for more than twelve years. The delay presumed injury, and the plaintiff did not establish good cause or otherwise justify the delay. The defendants' answer and cross-complaint were defensive and did not impose on them a duty to advance the case.

Holding

  • Dismissal for failure to prosecute. The district court properly dismissed the action because the plaintiff failed to prosecute it with reasonable diligence for more than twelve years and did not show good cause for the delay.

Docket 11361

Cited authorities

  • Rule 41(b)

Cited by