Gray v. Sabin

Citations

• 87 Cal. 211
• 25 P. 422
• 1890 Cal. LEXIS 1120

Syllabus

<p>Vacation or Judgment — Absence of Attorney from Trial — Mistake and Excusable Neglect— Trial in Another County — Agreement for Dismissal. -— A motion to set aside a judgment for the defendant, upon the alleged ground of mistake and excusable neglect of plaintiff’s counsel in failing to attend the trial, should be denied, where it appears that the cause was regularly set for trial by consent of parties, and had been continued for several days for the convenience of plaintiff’s counsel and for the dispatch of other business, and that the plaintiff’s counsel again voluntarily ah: sated himself, without an agreement or order for further continuance, to attend a trial in another county, and that he had promised the defendant to dismiss the case.</p> <p>Id. — Motion to Set Aside Order — Absence of Attorney as Witness. — A motion of the defendant to set aside an order vacating the judgment, upon plaintiff’s motion, should he granted, where it appears that the attorney for plaintiff absented himself from the trial to attend a trial in another county, not as an attorney, but solely as a voluntary witness, without subpoena.</p>