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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.
Document Info
Docket Number: No. 9496
Citation Numbers: 2 Cal. Unrep. 346, 4 P. 418
Filed Date: 7/26/1884
Precedential Status: Precedential
Modified Date: 1/12/2023