Hill v. Webber

This was an action of replevin in which the property was taken on the writ and delivered to the plaintiff. Issue was joined July 23,1881, and the first reg*143miar term thereafter was in October of that year, and the next occurred February 7, 1882. Both sides neglected noticing the cause for trial for said terms respectively, and on the 4th day of February, being three days in advance of the opening of said second term, the attorney for defendants filed his affidavit with the clerk for judgment as in case of non-suit; and at the same time entered the motion in the special motion-book.…