¶1We 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 *348of the defendant at the trial, the magistrate should have set the judgment aside. Judgment reversed.
1 Ohio C.C. 347
Pope v. Pollock
Decided January 15, 1886
Ohio Circuit Courts · decided 1886-01-15
Pope was sued before a magistrate at Wyoming, some ten miles from Cincinnati, on an account, and demanded a trial by jury. The case was set for trial at 6J o’clock, P. M. Pope was engaged in business in Cincinnati, his only means of reaching the place of trial being by railroad.
Decided 1886-01-15