2 Cal. Unrep. 346
Decided July 26, 1884
California Supreme Court · decided 1884-07-26
This cause having been set for trial and being regularly called on the day set, and the plaintiffs not appearing, defendant proceeded with his case. Thereupon the court rendered judgment for defendant. Plaintiffs appealed. The other facts' appear in the opinion.
Decided 1884-07-26
¶1Defendant in his answer, having sought affirmative relief, the attempted dismissal of the action by the plaintiffs, the day before the case was to be called for trial, was a nullity: Code Civ. Proc., sec. 581. The case having been regularly set for trial, of which plaintiffs had notice, it was their duty to have attended at the time appointed.
¶2Order affirmed.