Etchepare v. Ehmke

THE COURT.

On June 7, 1954, pursuant to a telephone conversation with defendant’s counsel, plaintiff’s attorney phoned the clerk for a trial date, prepared a stipulation “that the above entitled matter now off calendar subject to being reset 30 days from March 31, 1954, be set for trial September 22, 1954, at 9:15 a. m. in Department 1 of the above entitled court, without prejudice to either party, ’ ’ and forwarded it to defendants' attorney for his signature. On June 11th, the signed stipulation was received by plaintiff’s attorney with a covering letter from defendants’ counsel. The…