Sherman Sylvester Scheuer Building Corp. v. Krull

The action herein is brought to recover rent due under a written lease. The defendant demanded a jury trial.

On a motion for summary judgment, the defendant having defaulted, the latter sought to open bis default and argue the motion for summary judgment. On such argument, plaintiff stipulated to a withdrawal of the motion for summary judgment, if an immediate trial be had. Defendant consented, and the cause was set down for trial on November 23, 1931, a date agreeable to both parties. An order embodying these terms was duly entered.

On November 23, 1931, the defendant procured an order to show…