Sundet v. Steenerson

The defendant failed to enter his appeal from- justice’s court on the calendar of the district court on or before the second day of the term, but at a later day, the plaintiffs not having in the meantime moved in the matter, the court, on defendant’s ex parte motion, and without any showing of merits, ordered the appeal placed on the calendar for trial. At a still later day of the term, the plaintiffs, on notice to the defendant, made a ■ motion, supported by affidavits, that this order be vacated, and that the appeal be then placed on the calendar, and the judgment of the justice affirmed…