Irons v. Hussey

This was an action of assumpsit commenced before a justice of the peace. On appeal, in the Circuit Court, the cause was submitted to the Court, without the intervention of a jury, and judgment was rendered for the defendant.

By a bill of exceptions it appears that when the cause was heard, there were only two judges present, the president judge and one associate judge; and that, after hearing the evidence and the arguments of counsel, the president judge was of opinion that the plaintiff was entitled to a verdict, and the associate judge was of opinion the judgment should be for the defendant.…