Mitts v. Harvey

This suit was commenced in justice’s court, heard on certiorari in the circuit court, and is brought here by the plaintiff by writ of error.

*355The entry upon the docket of the justice’s court shows that, upon the return day of the writ of replevin, the parties were present in court. It then recites:

“Defendant, Frank Harvey, files an affidavit with the court asking for an adjournment until the 23d day of January, A. D. 1899. Court adjourned until the 23d day of January, A. D. 1899, at nine o’clock in the forenoon.”

Defendant did not appear afterwards, and a judgment was taken against him.

After the…