Allen v. Anderson

Complaint to review the report of commissioners in partitioning real estate.

The action was commenced in December, 1874, to review proceedings which were had in April, 1872. A demurrer was overruled to the complaint, answer filed, and issues of fact joined.

*389Upon, the trial, the appellant demanded a jury, which the court refused. He excepted; and this presents the only question discussed by the appellant in his brief, and therefore the only one we shall notice.

Our constitutional- guaranty of the right of trial by jury is in the following words:

“ In all civil cases, the right of trial by jury…