Wagner v. Kellogg

Plaintiffs brought suit in attachment against the defendants before a justice of the peace. The writ was returnable February 14, 1891, at 9 o’clock A. M. The only question presented by the record is, should the plaintiffs have been nonsuited for failure to appear within one hour after the time mentioned in the writ? The return of the justice to the writ of certiorari is as follows:

“And I also do certify, at the time and place certified of the return of said attachment said parties did not appear personally before me; but upon 'my own motion, and also.the written request of the plaintiffs, the…