Halstead v. New River Collieries Co.

Poffenbarger, President :

The judgment complained of was rendered on an appeal from a judgment of a justice, and on an agreed statement of facts.

Failure of the reeprd to show a joinder of issue is no cause for reversal of a judgment rendered in a civil action commenced in a justice’s court, even when the services of a *759jury are required. Security Bank Note Co. v. Shrader, 70 W. Va. 475; Simpkins v. White, 43 W. Va. 125. Nothing in a submission on an agreed statement of facts could possibly-require more formality than obtains in a jury trial. It is. unlikely that the court misapprehended the…