P. W. Gallagher & Co. v. Goldfrank, Frank & Co.

Stayton, Associate Justice.

The bill of exceptions shows that on January 7, 1884, which was the first day of the term of court, the appellants demanded a jury when the docket was called for that and like purposes. To this the judge replied that they could have the jury if they paid the fee; after which, on the same day, counsel for appellants told the clerk that he would hand the fee to him, to which the clerk replied “ that’s all right.”

On the next morning the jury fee was paid to the clerk, who then entered the cause on the jury docket.

When the cause was called for trial on the 11th January,…