Pollard v. Walsh

We granted certiorari here to review a district court’s affirmance of a judgment rendered in the county court. We reverse.

Plaintiffs complaint in the county court alleged damages by defendant to the premises defendant rented from plaintiff. Defendant answered, counterclaiming for a rent refund, return of her security deposit, treble damages, and attorney’s fees.

Trial was set in the county court for 9:00 a.m. on November 21, 1975. Plaintiff arrived nearly two hours late because his car had been stuck in the snow. The case was continued to December 19, 1975. Several days before that date,…