Schmidt

This is an appeal from a judgment of the superior court of Fresno County. The trial was had before Hon. M. L. Short, judge of the superior court of the county of Kings, sitting in Fresno County. In the division of counties of the state into districts for the hearing of appeals in this court, Fresno County is placed in the district of San Francisco and Kings County in the district of Sacramento. When the transcript on appeal was filed the clerk of this court assumed from the name of the judge that the appeal was from the county of Kings and inadvertently numbered the case as among those to be placed upon the calendar for the Sacramento district. The appeal was subsequently assigned to Department One and was placed upon the calendar of that department for argument at Sacramento on May 6, 1914. When the case was called for hearing there was no appearance for the appellant, counsel for respondents alone appearing and arguing, and the cause was submitted.

The appellant now calls our attention to the fact that the appeal was set for hearing in the wrong district and that the appellant did not, nor did its attorneys, have any notice of the setting of the case. It is also stated that…