PIKE, Justice.
On January 15, 1952 appellant herein commenced an action against respondent in Clark County, Nevada, seeking a money judgment against respondent. On December 22, 1959 respondent moved to dismiss said action, pursuant to the provisions of NRCP 41 (e), relating to the dismissal of actions for non-prosecution, which provides in part, "Any action * * * shall be dismissed by the court * * * on motion of the defendant * * * or by the court upon its own motion...
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