It must be conceded that by the great weight of authority the power of courts to dismiss a case because of a failure to prosecute with due diligence is inherent and independent of any statute or rule of court (17 Am.Jur. 151 § 77). Such authority has been recognized by this court. Werner Piano Co. v. Baker, 35 Idaho 496, 207 P. 588; Nielson v. Old Charles Dickens Mining Co., 51 Idaho 40, 1 P.2d 193; McAllister v. Erickson, 45 Idaho 211, 261 P. 242. Independent of such inherent authority it is specifically provided in I.R.C.P., Rule 41(b), as follows:

After the filing of the original complaint in foreclosure, but prior to the filing of the third amended and supplemental complaint, Old Charles Dickens Mining Company transferred and conveyed its interest in the property, covered by the trust deed, to one Kratzer, and then Kratzer conveyed and transferred the property to appellant Dickens Consolidated Mines Company. This case was before the court on a former appeal ( Nielson v. Old Charles Dickens Min. Co. et al., 51 Idaho 40, 1 P.2d 193), where a chronological history of the case up to the date of the appeal may be found. Upon that appeal, an order dismissing the suit in the trial court for want of prosecution was reversed July 3, 1931. Thereafter, to wit, July 5, 1933, an order was apparently made, but not filed until July 11, 1933, under and by which the last board of directors, and, therefore, the statutory trustees of Old Charles Dickens Mining Company, as such trustees, were permitted to adopt the answer of that company, the said answer being ordered filed nunc pro tunc, that is to say, as of July 18, 1924, and on the day of the adoption of that answer, to wit, July 5, 1933, the suit was dismissed as to defendant A.W. Davis, and the default of appellant Dickens Consolidated Mines Company (made a party defendant after the commencement of the suit because it was the successor in interest and title of said Old Charles Dickens Mining Company), and all other defendants, excepting said Old Charles Dickens Mining Comp