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Thompson v. Spraig

California Supreme Court · No. 9496 · 1884-07-26 · Published · 2 Cal. Unrep. 346 · 4 P. 418

THOMPSON and Others v. SPRAIG

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

By the COURT.

Defendant in his answer, having sought affirmative relief, the attempted dismissal of the action by the plaintiffs, the day before the case was to be called for trial, was a nullity: Code Civ. Proc., sec. 581. The case having been regularly set for trial, of which plaintiffs had notice, it was their duty to have attended at the time appointed.

Order affirmed.