Zika v. Eckel

Opinion by

Mr. Justice Frantz.

Ought the trial court on its own motion to have required that notice of a trial setting be served on the party personally where it is generally known by both the bench and the bar of the county that the whereabouts of the party’s attorney is frequently, and for extended periods of time, unknown, and that absences from his work are many times the result of his excessive drinking? We believe that the exercise of a wise and sound discretion by the trial court would have impelled it to require such service of notice.

An action had been instituted to set aside a deed on…