Newman v. Board

The following opinion was filed March 12, 1889:

Orton, J.

Erom the judgment rendered against the defendant by the justice, the defendant in due time perfected *304his appeal to the circuit court on the 18th day of January, 1887. It was duly noticed for and brought to trial at the following March term of the circuit court. A jury was impaneled, and all of the evidence given, and the cause was argued to the jury by the counsel of both parties, and was ready to be submitted to the jury on the instructions of the court. Thereupon the counsel of the plaintiff moved that the appeal be dismissed on the…