Williams v. Weirlich

Robinson, Judge :

Borgman and another sued Williams before a justice of the peace. On demand of the defendant, the action was tried before a jury. The jury failing to agree, the justice discharged them, ¿nd, in the absence of the defendant and without his consent, heard the case himself on the evidence given before the jury and rendered judgment for the plaintiffs. Thereupon Williams filed his petition in the circuit court praying for prohibition of the judgment and all further proceedings on it. The rule in prohibition issued. On the return day thereof the respondents, the justice and the…