Eltzroth

The plaintiff brought this action against Patrick Ryan and J. H. Wythe to quiet his title to a quarter-section of land in Tulare County. The defendants answered separately. The case as against Wythe was tried, and judgment rendered for the plaintiff. From that judgment, and an order refusing a new trial, an appeal was taken to this court, where the judgment and order were affirmed. (Eltzroth v. Ryan, 89 Cal. 135 .) The case as against Ryan was, on the fourth day of March, 1889, set down for trial on the thirteenth day of that month. Ryan resided at Portland, Oregon, and his attorney at Oakland, in this state. The attorney received notice on the 7th of the month' that the case had been set for trial on the 13th, and immediately telegraphed his client to that effect. The defendant started for Oakland, and arrived there on the 10th, which was Sunday. On the next day he saw his attorney, and then for the first time learned that he was too sick to attend the trial at the time set for it. He advised with his attorney as to the best course to pursue, and attempted to procure other counsel in Oakland to go with him to Visalia, and try the case, but was unable to do so. The attorney and…