Apple v. Seaver

delivered tbe opinion of tbe court.

Tbis action was commenced in tbe justice court of Big Spring township, Fergus county, on January 29, 1923, by tbe filing *66of a complaint. The defendant filed his answer thereto on February 5, 1923, and the ease was set for trial on February 8, 1923., at which time a part of the testimony was taken, and then the trial was by agreement continued to the fifteenth day of February, 1923, at which time it was concluded, and the justice rendered judgment in favor of plaintiff, from which defendant took a timely appeal to the district court. The transcript from the…