Hoffman v. Hoffman

PlaintifF filed a petition to modify a decree in order to increase child support. The notice of hearing stated that the cause was set for December 6, 1974. Upon arrival in court that day defendant and his attorney found that court was not in session and that a new date would be set. A week later defendant’s attorney was informed orally by plaintiff’s attorney that the hearing was to be held that afternoon. Defendant’s attorney then tried to reach defendant but was unable as defendant was on a construction job and could not be reached. Defendant’s attorney then called the judge’s clerk twice…