Sutherland v. McLean

Tbe case presents a single proposition of law, to wit: What duty does tbe law impose upon a defendant in a civil action witb reference to tbe preparation and trial of bis cause?

There are a host of decisions in this State upon tbe subject, and many of them are totally irreconcilable. However, it is fairly clear that two imperative duties are imposed upon a defendant in a civil action: First, be must give to tbe litigation such attention “as a man of ordinary prudence usually bestows upon bis important business.” This principle is announced in many cases, of wbicb tbe following are…