¶1We think the statute is imperative. Although the language is, ‘ ‘ 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 of the defendant at the trial, the magistrate should have set the judgment aside. Judgment reversed.
1 Ohio Cir. Dec. 193
Pope v. Pollock
Decided January 15, 1886
Hamilton Circuit Court · 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 tiial at 6^2 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