1. PLEADING AND PRACTICE; RELIEF FROM JUDGMENT UNDER SECTION 613 CODE OF CIVIL PROCEDURE. — Where a Court of First Instance refuses to permit the defendant to be present in person and disposes of the case upon the testimony produced on behalf of plaintiff, the judgment so entered is not rendered against defendant upon default, and no relief can be granted under the provisions of section 513, Code of Civil Procedure.

The final judgment in this case was rendered August 2, 1918. To this judgment the defendant excepted in writing the following day. He might have taken a bill of exceptions and upon his appeal might have urged all the questions he now seeks to raise by this proceeding. Upon the facts we are of the opinion that no relief can be granted under section P13, Code of Civil Procedure. The judgment complained of was not rendered against petitioner upon default. On the contrary, he answered and was represented at the hearing by counsel. His failure to attend court and produce evidence did not constitute a default. The refusal of the court to grant a continuance may have been error, and might have been ground for a reversal had the case been brought here by appeal, but cannot be corrected by such a proceeding as this.

The petition is denied and the case is dismissed. So ordered.

Torres, Johnson, Street, Malcolm and Avanceña, JJ., concur.