
    CRANE vs. DAGGETT, et. al.
    Where a party submits to a non-suit, and makes no motion to set it aside, the Supreme Court will not look into the case.
    APPEAL from St. Louis Court of Common Pleas.
   Scott, J.,

delivered the opinion of the Court.

In this case the plaintiff having submitted to a non-suit, and not having moved 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.  