Page v. Dillon

It is first urged that the court below erred in advancing the trial of the attachment issue.

The statute, Sec. 18 of Chap. 110, R. S., provides that “ in all suits by capias where the defendant shall have been arrested, and in replevin and attachment, the plaintiff may be required to file his declaration at the first term, and the defendant may have a trial at such term, unless sufficient cause for a continuance is shown.”

The statute does not make it compulsory upon the defendant in such cases to have a trial at the first term, unless sufficient cause for a continuance is shown, but it does…