Greene v. Gulf Oil Corporation

*91Dben, Judge,

concurring specially,(a) I reach the conclusion that the judgment in this case should be affirmed but for different reasons.

In the first place, I am inclined to agree that Code § 24-1302 which requires the justice of the peace to continue the case in the absence of the plaintiff is a rule for the benefit of the plaintiff. The defendant should not be allowed to profit by his own laches on the basis of a statute, however illogical, which grants a right only to the plaintiff. However, I think that part of Code § 24-1302 relating to the duty to continue the case in the absence of the…