Morgan v. Whalen ( 1908 )

HENDRICK, J.

The facts recited in the .order must be taken as conclusive by this court. From those facts it appears that the case was on the day calendar a great many times prior to the date of inquest, and on several of such occasions it was answered “Ready” by both sides. The default was a negligent, if not an intentional one, and the discretion of the trial court was not abused.

Order affirmed, with $10 costs and disbursements. All concur.