Emerson-Brantingham Implement Co. v. Olson

MISER, C.

Respondent corporation sued' appellant, Olson, for money claimed to be due. Appellant’s answer was a general denial and an allegation of payment. On the preliminary call of the calendar, counsel, who had drafted appellant’s answer and upon whom notice of trial had 'been served, informed the court that he appeared no further in the case. Four days thereafter, without any proof being submitted, judgment as asked in the complaint was signed by the court. The judgment contained the following recital:

“It appearing to the court that issue has been joined in the above entitled matter, and…