Restler v. Haas & Dodd Realty Co.

Quillian, Presiding Judge.

Appeal was taken in this case from an order overruling the appellant’s motion to set aside a judgment entered when the appellant failed to appear on the call of the case for trial. Held:

The appellant contends that he set forth in his defensive pleadings a demand for jury trial; that the case came on for trial before a judge without a jury; that he was thereby excused from appearing at that time.

In making his contentions appellant is relying, in part, on facts not appearing upon the face of the record or pleadings. Unless there is a lack of jurisdiction over the…