EBERHARDT, Judge.
1. Is this judgment void because of the provisions of Code § 24-1302 relative to the continuance of a case in the justice court wherein a counter-affidavit or a verified defense has been filed? We think not.
As Judge Powell pointed out in dealing with a similar provision as to a suit on a written obligation, "The manifest legislative intent is to give to the plaintiff the right to exercise his own volition as to whether the trial...
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