Ekel v. Swift
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. The action was replevin. There was no appearance at the trial on behalf of the defendant and the plaintiff obtained a judgment. Subsequently the defendant applied to have the judgment set aside upon the grounds mentioned by the Court. The application was denied, and the defendant appealed from the order denying it.
1Opinion of the Court
By the Court:
The ground upon which the application to set aside the judgment below was rested in the main, was the misapprehension of the defendant’s attorney as to the setting down of the cause. It had been set down for trial at the May term, 1873, but was not reached during that term owing to the ill health of the Judge of the District Court. At the following June term the May calendar of trial causes was ifaken up, and the causes undisposed of again set down for trial. The attorney of the defendant did not attend the June term, and the only reason given for his non-attendance' was ill…
2Cited by6 opinions
- McGuire v. DrewCalifornia Supreme Court · 1890
- Brooks v. JohnsonCalifornia Supreme Court · 1898
- Berendsen v. BabdatyCalifornia Court of Appeal · 1923
- Utah-Nevada Co. v. De LamarCalifornia Court of Appeal · 1909
- Cox v. O'NeilCalifornia Supreme Court · 1884
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