Notice of the suing out of the writ shall be served on the opposite party, or that party's attorney, at least ten (10) days prior to the term of the court to which the writ is returnable, or the cause shall be continued to the next succeeding term, unless the party entitled to notice consents to a trial at the first term.
Code 1858, § 3113; Shan., § 4841; Code 1932, § 8974; T.C.A. (orig. ed.), § 27-705.