Pearson

The plaintiff commenced this action in the ■ superior court of the city and county of San Francisco, to recover the sum of $382.25 alleged to be due for work, labor, and services rendered and performed by him for defendants at their special instance and request. The complaint was filed July 15, 1891, and on the 25th of the same month the defendants answered thereto denying that the defendants, or any of them, were indebted to the plaintiff in the sum named, or in any other sum, for work, labor, and services, or otherwise, or that the said sum, or any portion thereof, was due and payable from defendants, or either of them, to the plaintiff. Shortly after the answer was filed the case was placed on the trial calendar of Department Six of the court, and on October 6, 1891, it stood for trial as number 7 on that calendar. When the calendar was *427 called on the morning of the last-named day, the defendants’ attorney, thinking the case would not be reached for trial until the next day and having business in another court, wasn not present, but he had some one answer for him to the call of the case “ready.” The six cases preceding this one were at once continued or otherwise disposed…