Hersch v. Chrysler Motors Corp.

Counsel for plaintiff was mailed notice of date and time of trial on March 17, 1972; the date of trial being set for April 7, 1972 at 9:00 a. m.

*279On April 6, 1972, one day before trial, counsel for plaintiff telephoned the clerk of courts office requesting a continuance of the trial date. The reason given for such request was that plaintiff-counsel had been called to appear in a proceeding in the Court of Common Pleas of Cuyahoga County. The said common pleas court had given plaintiff-counsel no advance notice of its demand for his appearance.

Plaintiff-counsel’s request was referred to the…