¶1Suit before a justice of the peace upon a promissory note. The' suit was by the payee against the maker. The note was filed as the cause of action.
¶2It constituted a sufficient complaint.
¶3On appeal, in the Circuit Court, there was judgment for the plaintiff.
¶4It appears by a bill of exceptions that the defendant asked the Court to make a statement of the facts in the case, and its conclusions of law thereon, “ and to make it a *347part of the record in this case.” Here the bill closes, and we are not informed why such a statement is not in the record. The bill does not allege that the Court refused to make it, nor was any exception taken. We must conclude that a compliance with the request was waived by the party, or that, if complied with, the appellant has not seen fit to have the statement copied into this record.
¶5Per Cwiam. — The judgment is affirmed, with 10 per cent, damages and costs.