Greene v. Gulf Oil Corporation

Eberhardt, Judge.

Is this judgment void because of the provisions of 'Code § 24-1302 relative to the continuance of a case in the justice court wherein a counter-affidavit or a verified defense has been filed? We think not.

As Judge Powell pointed out in dealing with a similar provision as to a suit on a written obligation, “The manifest legislative intent is to give to the plaintiff the right to exercise his own volition as to whether the trial shall be had at the first term or the second, subject, of course, to the right of the defendant to continue for cause. This gives to the plaintiff no…