Thompson v. Spraig
Synopsis
Dismissal of Action.—Where Defendant in His Answer Sought Affirmative Relief, an attempted dismissal of the action by plaintiffs, on the day before the ease was to be- called for trial, was a nullity.
Trial—Judgment in Absence of Plaintiff.—A ease having been regularly set for trial, of which plaintiffs had notice, it was their duty to have attended at the time appointed, and a judgment in their absence is not error.
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.
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