Peralta v. Mariea
California Supreme Court
Appeal from the Third Judicial District, for the County of Contra Costa. This was an appeal from the District Court, who refused a continuance upon the application of one of the attorneys of plaintiff, whose affidavit set forth, that he was engaged as assistant counsel with Colonel J. K. Irving for plaintiff, and that
1Opinion of the Court
Heydenfeldt, Justice,.delivered the opinion of the court. Wells, Justice, concurred.
The agreement of counsel in the District Court for a continuance of the cause not having been reduced to writing, could not be regarded by the court, and upon the failure of the plaintiff to appear and prosecute his suit, the court could have taken no other action than it did upon the motion of the defendant.
The point made that the District Court had no jurisdiction, cannot avail the appellant, who was plaintiff below. That would only be an additional reason to sustain the nonsuit.
If the case was improperly in…
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