Harmon v. Hopkins

FINNEY, J., pro tem.

This is an appeal by plaintiffs from a judgment in favor of the defendant, rendered by the court sitting without a jury, in a trial held ¡after plaintiffs’ demand for a jury trial had been denied.

This appeal presents just one question, viz., did the court err in denying plaintiffs’ demand for a jury trial?

On March 21, 1929, the attorney for the plaintiffs wrote the clerk of San Diego County asking if it was necessary to make a deposit for jury fees at the time of filing the memorandum of motion to set this cause for trial and on March 25th received from the clerk a reply…