Voinich
Voinich v. Poe
Opinion
Lead Opinion
Burnett, J.
On February 1, 1917, a complaint was filed in the superior court of Calaveras County, wherein Rose Rolleri was plaintiff and Martin Voinich, Nick Voinich, Mitchell Voinich, and Pave Voinich were defendants. The cause came on regularly for trial on June 28, 1918, Messrs. Snyder and Snyder appearing as attorneys for the plaintiff and Will A. Dower as attorney for said defendants. Judgment was entered in said action on the first day of October, 1919, in favor of the plaintiff therein, and notice thereof was served upon the defendants and filed with the clerk on October 10, 1919. On the twentieth day of said month the said defendants caused to be served and filed their “notice of intention to move for a new trial.” On account of the illness of Mr. Dower, said attorney for the defendants, the parties entered into certain stipulations for the continuance from time to time of the hearing of said motion, the last stipulation being as follows:
The day this stipulation was signed and filed the said Will A. Dower died, and on June 8th following said defendants, petitioners herein, without any written notice or request by the adverse party, appointed Joe Huberty, Esq., as their attorney, for…