State Bank v. Spence

This is an appeal from an order granting plaintiff’s motion to place the cause upon the short cause calendar. On November 30, 1901, plaintiff served a notice that the cause would be moved for trial on December 8, 1901, which day was a Sunday; thereafter he applied, upon notice, to place the cause upon the short cause calendar, and the defendant then objected thereto for the reason that no valid notice of trial had been served. The motion was granted, and the appeal is from the order entered thereon.

I am of the opinion that the order was improperly granted. It is based upon a notice of trial…