Ohio Circuit Courts, 1886

Pope v. Pollock

Ohio Circuit Courts · Decided January 15, 1886 · Befobe, Cox, Smith, Swing

1 Ohio C.C. 347

Counsel

W. H. Pope, for plaintiff in error., Reuben Tyler, for defendant in error.

Opinion of the Court

Cox, J.

We think the statute is imperative. Although the language is, 11 may set aside” yet that it should be construed as if written “ shall set aside.” The affidavit in this case, showing in our opinion a good and sufficient reason for the absence *348of the defendant at the trial, the magistrate should have set the judgment aside. Judgment reversed.

W. H. Pope, for plaintiff in error. Reuben Tyler, for defendant in error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.