3 Ind. 158 | Ind. | 1851
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. There being this difference of opinion, the plaintiff moved the Court to set aside the submission of the cause, and direct a new trial, but the Court, being of opinion that a judgment for the defendant was the proper legal result of this division of the judges, overruled the plaintiff’s motion, and rendered judgment accordingly.
The evidence is not set out in the record, and the only question before us is, whether, upon the disagreement of the judges, the defendant was entitled to a judgment, it being expressly stated that this was the sole ground upon which it was rendered.
The statute provides that when the parties in any suit shall, by agreement, submit any matter to the determination of the Court, such Court may hear and determine the same, and give judgment therein, without the intervention of a jury. R. S. c. 40, s. 316, p. 731. When a cause is submitted to the Court under this statutory pro
The judgment is reversed, with costs. Cause remanded, &c.