Thompson v. Blagg

Plaintiff in error urges that the trial court erred in failing to grant him a jury trial and in not giving him credit on the first and second causes of action for money admittedly paid defendant in error.

On April ¡13, 1953, the minutes of the Court Clerk show, as to this case, the following entry: “Jury waived by agreement. Set for non-jury trial April 22, 1953.” Thereafter, the case was tried to the court and judgment rendered. During the term, a motion to vacate the judgment was filed and thereafter sustained on July 17, 1953, and the case was thereupon set for a new trial on August 4,…