Hermann v. Pardrige

Appellees filed, in the court below, their declaration in assumpsit, to which appellant pleaded, and, issue being joined, the record shows, on the 15th of January, 1875, the appellant not being present, the cause was submitted to and tried by the court without the intervention of a jury, pursuant to the previous agreement of the parties.

Two grounds of reversal are insisted upon :

First—That the case was taken up in the absence of appellant, and without any notice to him, and tried out of its order on the docket.

Second—That the agreement that the case should be tried by the court, without the…