Sisson v. Pearson

This is an appeal from a judgment rendered against appellant as surety on a bond. Four points are made in the brief against the judgment.

1st. That when the case was called for trial no replications to defendants’ pleas were on file, and that the court allowed replications, tendering issue of fact to be filed instcinter, and then directed the trial to proceed.

This was not error. The court had a discretion to allow the formal issue to be made insianter, and if there was any ground arising thereon which entitled appellant to a continuance, he should have filed his affidavit and made it the basis…