Roberts v. Tremayne

This cause was .brought in justice’s court. It is assumpsit upon a promissory note.

To the declaration the defendant pleaded the general issue. A trial was had before' the justice, by jury, and the jury failed to agree, and were discharged by the justice. The parties failed to agree upon a time for another trial, and the *266court adjourned the case for trial until the following day, at 10 o’clock a. m., and caused the defendant to be notified of the time of trial.

It further appears that it was 6 o’clock p. m. when the jury was discharged and the cause was set for trial; that about the hour to…