Pleyte v. Pleyte

Chibe Justice Helm

delivered the opinion of the court.

Subsequent to the issue of the present writ of error, defendant in error, by leave of court, filed a supplemental transcript of record. Plaintiff in error .then, for the first time, as it is alleged, became aware of the following record recital, which appears in the supplemental transcript: “ Thereupon this cause comes on for trial before the eou/rt upon defendant’s cross-complaint, neither party deswmg a jury.” She asserted the fact to be that she demanded a jury, and at no time, by word or act waived the same, but that the court denied…