Opinion of the Court by
This is an appeal from the circuit court of St. Clair county. The cause originated before a justice of the peace, and was brought into the circuit court by appeal, the appeal was tried at the second term after taking of the appeal, but was not decided until the fourth term. The record states that the continuance after the trial was at the instance of the court, and because the court was not sufficiently advised what judgment to give. It is objected on the part of the appellee that the court had no power to continue this cause after the trial. This objection can not be entitled to any weight. The statute could only have intended to restrict continuances at the instance of one party when opposed by the other. And such has been the practice of the circuit courts ever since the state courts have been established. The plaintiff in the appeal had regularly brought and prosecuted his appeal, and it would consist neither with law nor common sense, that the delay of the court should defeat his appeal. Should, however, the objection prevail, the consequence would be that the judgment of the circuit court must be reversed. But for the reasons above given, the court do not consider it to be erroneous for the court *94to take cases under advisement after two terms have elapsed since the taking an appeal from the decision of a justice of the peace. The appellee also objects that the bill of exceptions was irregularly taken. The bill of exceptions was taken at the term judgment was pronounced. The appellant had no opportunity of taking it sooner, for until the decision he could not know that he should have any ground of exception. The court in the decision of appeals perform the duty both of court and jury, and until the case is decided it can not be known whether it will be necessary to except. The trial of appeals in the circuit court is an anomaly in the law, and the rules of taking bills of exceptions in ordinary trials by jury, can not apply. It therefore appears to the court that the bill of exceptions was properly taken. The only question on the merits of this case is, whether there was any consideration for the promise of the appellant. On this point the court can not for a moment entertain a doubt. The promise given in evidence was entirely gratuitous, it was a nude pact. The judgment therefore must be reversed. (1)
Blackwell, for appellant.
Cowles, for appellee.
Judgment reversed.