Spahn v. Sharp

Bakewell, J.,

delivered*the opinion of the court.

This action was begun before a justice of the peace of St. Louis County. The suit is upon a mechanics’ lien. The defendants applied for a-change of venue, whereupon all the papers were sent to another justice of the same county, before whom the plaintiff appeared. Defendants made default. The justice proceeded to hear the evidence, *124and rendered judgment for plaintiff. Defendants appealed to the circuit court. On trial anew in the circuit court, defendants offered to show that Justice Tausberger, before whom the case was tried, was not the…