Sweeney v. Stanford

Citations

• 60 Cal. 362
• 1882 Cal. LEXIS 467

Syllabus

<p>Motion to set Aside Judgment—Waiver of Jury Trial—Calendar- of Court.—A case for goods sold and delivered, was, on motion of plaintiff’s attorney, put upon the equity calendar in the absence and without the knowledge of the defendant, and in consequence the ease was tried without his presence, and judgment rendered for the plaintiffs for the full amount claimed. A motion of the defendant to set aside the judgment was subsequently denied by the Court for the reason that the notice of the motion did not specify the grounds upon which it would be made.</p> <p>Held: The failure of the defendant to appear when the case was called on the equity calendar did not operate as a waiver of a jury for the reason that the case was improperly there.</p> <p>Id.—Id.—Id.—Notice of Motion—Amendment—Discretion of Court.— Assuming that the motion was properly denied on the ground stated, it was the duty of the Court to allow defendant’s motion for leave to amend his notice so as to make it conform to the rule of the Court. The Code is very liberal on the subject of amendments, and the recent decisions of this Court have been in full accord with the spirit of the Code.</p> <p>Rules of Court—Judicial Notice.—(Sharfstein, J).—This Court does not take judicial notice of the rules of the Superior Court.</p>