Winnett

Review. Petitioner was defendant in an action brought by the Adjustment Corporation in the justice’s court to recover the value of certain services and material alleged to have been furnished to the defendant by plaintiff’s assignor.

The case was regularly set down for trial, due notice of the time fixed therefor being given by plaintiff to defendant, who at the time specified in the notice duly appeared with his witnesses. Plaintiff, however, failed to appear, and after the expiration of one hour, as provided in section 873 of the Code of Civil Procedure, the case was called for trial, when, as appears from the return, the trial proceeded. A-witness was sworn and testified on behalf of defendant; whereupon, the court determined that defendant was entitled to judgment for his costs, and “ordered and adjudged that T .B. Winnett do have and recover of and from Adjustment Corporation the sum of - dollars, together with costs herein incurred by defendant.” Thereafter, plaintiff duly appealed from said judgment, upon questions of both law and. fact, to the superior court, which, after denying a motion made by defendant to dismiss said appeal for want of jurisdiction to entertain the…