Petterson v. Bartels

Otis, Justice.

Jerome Daly and William E. Drexler appeal from an order denying them a new trial in an action brought by Faye V. Peterson, in which she has recovered damages of $35,500 against each appellant. The only issues are (1) whether it was error for the trial court not to recognize an affidavit of prejudice filed by Drexler; and (2) whether it was error for the court to commence trial without notifying Daly that the matter was proceeding, and without affording him an opportunity to be present when the jury was selected.

This action is the aftermath of protracted litigation involving a…