Conway v. Garden City P. & P. Co.

Mr. Presiding Justice Horton

delivered the opinion of the court.

This is an action in assumpsit commenced by appellant against appellee, and issue was properly joined. By agreement of parties a jury was waived and the cause submitted to court for trial, upon an agreed statement of facts in writing. There are, therefore, no questions of law raised upon the admission or exclusion of evidence. Ho proposition of law was submitted by either party to be passed upon by the trial court as might have been done under section 42 of the practice act; therefore no question of law is presented to this court…