State ex rel. Malin v. Merriam

Error to Ozark Circuit Court. — Hon. W. N. Evans, Judge. (1) An agreed case occupies the same footing as, and stands in lieu of, a special verdict. When filed it becomes a part of the record proper, and it is not therefore necessary to ask instructions, file motion for a new trial or save exceptions, to have judgment thereon reviewed in the appellate courts. All the facts necessary to a judgment and recovery are contained in the agreed statement in this ease. There is no fact-left out, no want of clearness, no uncertainty or ambiguity. The only question presented by the record is, was the…