Davis v. Strobridge

This is a case made after judgment. The action was commenced before a justice of the peace and taken by appeal to the circuit court and there tried without a jury. The hearing was on the common counts and the general issue. A portion of the evidence is brought up, but not all. The judge made special finding, which he subsequently amended at defendant’s instance. No means are afforded for inquiring whether the evidence required the finding of other facts or a modification of the series of facts actually found.

The only question raised is whether the judge’s conclusions of fact support the…