Fitzgerald v. Power

Patrick F. Fitzgerald instituted a suit for an alleged trespass against William F. Power, appellee, before a justice of the peace. A trial by a jury resulted in a verdict and judgment in favor of the plaintiff for one cent. An appeal was taken by Power to the circuit court. The cause was set for trial in that court on November 12,1920. On that day an order was entered reciting the waiver of a jury and a trial by the court by agreement of the parties and also reciting the finding of the issues in favor of the plaintiff and the assessment of damages in his favor and against the defendant for…