Hardman v. Schilling

Plaintiff sues to recover a balance of $195 alleged to be due by defendant on- account of rent. Defendant denies that he owes plaintiff any amount, averring that he has paid him or his agents or representatives all rent that accrued under the contract of lease between them.

Judgment was rendered for plaintiff for amount sued for on August 5, 1930, and on August 8th defendant filed motion for new trial, complaining that whereas his attorney was notified that the case was fixed for trial for August 8th, it was in fact taken up for trial, tried, and judgment rendered and signed on August 5th, in…