Allen v. Plummer
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. W. P. McLean. The action of the court complained of in this appeal was the refusal by the court to recognize the case as upon the jury docket when the case was reached on the call of the non jury docket. The facts in the record show that on March 5, 1888, the first day of the term, the civil docket was called for orders, and for calls for jury.
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Appeal from Bowie. Tried below before the Hon. W. P. McLean. The action of the court complained of in this appeal was the refusal by the court to recognize the case as upon the jury docket when the case was reached on the call of the non jury docket. The facts in the record show that on March 5, 1888, the first day of the term, the civil docket was called for orders, and for calls for jury. A jury was demanded upon this call, but the jury fee was not paid until Tuesday, March 6, when the case was entered by the clerk upon the jury docket. Ho jury was in attendance the first week of the court.…
1Opinion of the Court
Gaines, Associate Justice.
The appellant who was plaintiff in the court below having been denied a jury, and having upon *548the trial before the court failed of a recovery to the extent of his demand, assigns as error the action of the court in trying the case without a jury. The bill of exceptions shows that the demand for a jury was made by appellant on Monday, the first day of the term, but that the fee was not paid, and the case placed on the jury docket until the next day. It is also stated in effect, that the delay was caused by an announcement from the bench, that “parties would be…
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- C. H. Allyn & Co. v. P. J. Willis & Bro.Texas Supreme Court · 1885
- Berry v. T. & N. O. R'yTexas Supreme Court · 1884
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- Dawson v. JarvisCourt of Appeals of Texas · 1981
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