Pate v. Woodville Mercantile Co.

On Motion for Rehearing.

At a former day of this term, the judgment in this cause was affirmed, and appellant has, within due time, filed a motion for a rehearing. After careful consideration of this motion, we have reached the conclusion that we were in error in overruling appellant’s first assignment of error, which challenged the action of the trial court in declining to permit appellant to take a jury at the time the case was called for trial.

[6] In the original opinion, we said, substantially, that it appearing that appellant was in default in making his demand for a jury trial, it was…