Yancey v. National Benevolent Ass'n

Citations

• 122 Cal. 676
• 55 P. 604
• 1898 Cal. LEXIS 658

Syllabus

<p>Vacation of Judgment—Ignorance of Trial—Discretion.—The vacation of a judgment taken by the plaintiff at a trial had in the absence of the defendant, whose attorneys were ignorant that the cause had been regularly set for trial, is in the discretion of the court, and its refusal to vacate the judgment upon the prompt motion of the defendant, as soon as its rendition was discovered, is not a plain abuse of discretion.</p> <p>Id.—Duty of Attorneys—Negligence—Notice of Trial.—It is the duty of attorneys engaged in a cause to inform themselves whether or not it has been set for trial, and it is negligence for them not to do so. It is not the duty of the attorneys for the opposite party to give notice of the trial.</p>