Bossence v. Jones

The only question raised by this record is whether a justice of the peace ought to wait an hour for the defendant to appear in the same cases in which by the terms of the statute such time is given to the plaintiff. The subject was referred to in Smith v. Brown 34 Mich. 455, and notice was taken of the general practice to apply the same rule to the defendant as to the plaintiff. The distinction made by the words of the statute is not easily explained. No good reason is perceived for giving an additional hour to the plaintiff and withholding it from the defendant. It is the policy of the law…