Finnell v. Byrne

Defendants in error filed this suit against plaintiffs in error, who filed answers in due course. On appearance day following the filing of the suit plaintiffs in error, as defendants below, in open court made proper demand for a jury, and paid to the clerk of the court the jury fee prescribed by law. Subsequently, at the next term of court, and in the absence of plaintiffs in error and their counsel, the court called the case and tried it without a jury; it being recited in the judgment that no jury was demanded either by the plaintiffs or either of two named defendants, other than…