Cleaver v. Webster

It is urged that the court below erred in taking up and trying this case out of its order, and that the rule of court permitting a plaintiff to set a case for trial on a particular day, when his client shall file an affidavit that he believes the defense is made for delay, is prohibited by the constitution of 1870.

But appellant did not object, so far as this record discloses, to proceeding to trial at the time and in the manner it was had. It appears that the case was called, the attorneys on both sides appeared, but no objection was interposed to taking up the case out of its order, but they…