Judges: Lewis
Filed Date: 6/15/1892
Status: Precedential
Modified Date: 11/12/2024
This action has suffered many vicissitudes and calamities. It was commenced in the month of December, 1888, in the Erie county court. When it was reached upon the calendar, the plaintiff failed to appear, and the complaint was dismissed, and judgment for costs was entered against the plaintiff. Upon motion, the default was opened, the cause was again placed upon the calendar, and the complaint was dismissed a second time. Again a a motion to open the default was made and granted, but, terms being imposed, the plaintiff appealed to this court from so much of the order as imposed terms, and that part of the order Was refused because of an error in the service of the notice of trial. Intermediate the granting of the last-mentioned order and the decision of the appeal, the case was again put upon the calendar, and a day fixed for its trial by consent of the plaintiff. She failed to appear at the time fixed, and her complaint was again dismissed, and judg