Thompson

Thompson v. Spraig

Good Law
2 Cal. Unrep. 346·4 P. 418
Supreme Court of CaliforniaJuly 26, 1884No. 9496California62 words

Lead Opinion

Defendant in his answer, having sought affirmative relief, the attempted dismissal of the action by the plaintiffs, the day before the case was to be called for trial, was a nullity: Code Civ. Proc., sec. 581. The case having been regularly set for trial, of which plaintiffs had notice, it was their duty to have attended at the time appointed.

Order affirmed.