Crane v. Daggett
10 Mo. 108
Mo.
1846
Check Treatment
Scott, J.,

delivered the opinion of the Court.

In this case the plaintiff having submitted to a non-suit, and not having *109moved to set it aside, the merits of the controversy cannot be enquired into in this Court. Robbins vs. Stephenson & Hord, 5 Mo. Rep., 105. Judge Napton concurring, the judgment will be affirmed.