Andrews v. Mullin

On the 6th day of February, 1882, Mullin brought an action against Andrews before a justice of the peace of Saline county. At the time set for the hearing Andrews appeared by an attorney and filed a motion to dismiss the action for certain reasons therein stated. The motion was overruled, whereupon Mullin demanded a jury, which was selected, and summons issued requiring the jurors to appear February 10th at one o’clock p.m.

The transcript shows that at one o’clock p.m. of the 10th day of February, 1882, Mullin appeared, but Andrews failed to appear, whereupon the jury were impaneled and a…