Pope v. Pollock

Ohio Circuit Courts

Pope v. Pollock

1 Ohio C.C. 347

DecidedJanuary 15, 1886

StatusPublished

This text of 1 Ohio C.C. 347 (Pope v. Pollock) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pope v. Pollock, 1 Ohio C.C. 347 (Ohio Super. Ct. 1886).

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Opinion

Cox, J.

We think the statute is imperative. Although the language is, 11 may set aside” yet that it should be construed as if written “ shall set aside.” The affidavit in this case, showing in our opinion a good and sufficient reason for the absence [348]*348of the defendant at the trial, the magistrate should have set the judgment aside. Judgment reversed.

W. H. Pope, for plaintiff in error. Reuben Tyler, for defendant in error.

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Cox, J.

We think the statute is imperative. Although the language is, 11 may set aside” yet that it should be construed as if written “ shall set aside.” The affidavit in this case, showing in our opinion a good and sufficient reason for the absence [348]*348of the defendant at the trial, the magistrate should have set the judgment aside. Judgment reversed.

W. H. Pope, for plaintiff in error. Reuben Tyler, for defendant in error.

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Bluebook (online)

1 Ohio C.C. 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-pollock-ohiocirct-1886.