Kincaid v. Mitchell

Opinion of the Court delivered by

McGirk Judge.

This was an action of forcible entry and detainer brought before a justice of the peace for Platte county. On the day appointed by the justice, in the summons, for the trial of the cause, the parties appeared, and a jury was sworn, who heard the evidence but could not agree in their verdict.— Therefo:ethe justice discharged the jury and appointed, a subsequent day for the trial, and adjourned the cause over to that day. About five days before the arrival of that day, the plaintiff removed the cause to the circuit court by a writ of certiorari;…