Clune v. Quitzow

Citations

• 125 Cal. 213
• 57 P. 886
• 1899 Cal. LEXIS 829

Syllabus

<p>Teiae—Failube of Plaintiff to Appeab—Oounteeclaim—Dismissal—Judgment upon ¿Iebits.—Upon issue joined in an action to recover money, where the defendant has' set up a counterclaim, plaintiff is not entitled to a dismissal of the action, under section 581 of the Code of Civil Procedure, without the consent of the defendant; and, upon failure of the plaintiff to appear at the trial, the defendant is not bound to take a dismissal of the action, though he might do so, but he has the right, under section 581 of that code, to proceed with the case, in the absence of the plaintiff, unless the court for good cause otherwise directs, and , to have a judgment entered upon the merits finally disposing of the case; and it is not error for the court to grant such judgment.</p>