McDowell v. Strong

Plaintiff obtained judgment before a justice of the peace, from which defendant appealed to the Law Commissioner’s Court of St. Louis county. On the day that the case was set for trial in the Law Commissioner’s Court the parties appeared, waived a jury, and consented that the cause should be tried by the court; whereupon plaintiff moved the court to affirm the judgment of the justice, which motion was sustained, and the judgment affirmed. The defendant filed his motions to set aside the judgment and also in arrest, which were overruled, and the case is brought here by appeal.

*506It was error in…