Barclay v. Brabston

*630The opinion of the court was delivered by

Dixon, J.

The first reason assigned for the reversal of" the judgment of the Common Pleas brought up by this writ is that that court refused to non-suit the plaintiff' because the-judgment in the court for the trial of small causes was not in accordance with the verdict of the jury there rendered. This reason is insufficient. When the cause is in proper condition before the Common Pleas for a trial upon the merits, and the-appeal has been regularly taken and prosecuted, it is the duty of that court to retry the cause, and not to pass upon the legality…