Johnson v. Dunn

Opinion by

Judge Peters :

If appellees had permitted appellant to file his affidavit tendered by him in this case at the May term of the court, 1875, and read it to the court, they would have had his sworn statement that his attachment was sued out on Sunday, for he then says the attachment for rent was issued on the “twenty-second day of November last, about 9 o’clock p. m.,” and the evidence in the cause shows the 22nd of November, 1874, was on Lord’s day, or Sunday; but that affidavit was ruled out on the motion of appellees.

The proceedings in the court below and the judgment in that court…