Supreme Court of Missouri October 15, 1859 (Bailey v. Wilson)

Napton, Judge,

delivered the opinion of the court.

This case was tried by the court under the practice act of 1849, and there was no finding of facts. The entry upon the record is: “ This cause being submitted to the court for trial, the court finds that said defendant is not guilty of unlawfully withholding from said plaintiff the possession of the premises in the petition mentioned, in manner