Jerrell v. Jerrell

BARROW, Justice.

This is an appeal by writ of error. On February 16, 1966, judgment was entered following a non-jury trial granting ap-pellee a divorce from appellant and awarding appellee custody of the couple’s minor children. Appellant complains of a denial of his demand for trial by jury in violation of his constitutional rights. See Art. 1, § 15, Art. 5, § 10, Tex.Const., Vernon’s Ann.St.

Appellant was served with a copy of ap-pellee’s petition on October 22, 1965, and filed his answer on November 1, 1965. On January 17, 1966, appellee requested a setting of this case and it was set,…