Taylor v. Ford

This action was brought under section 1050 of the Code of Civil Procedure, tcv have determined an adverse claim which defendant asserted against plaintiff upon a certain promissory note for $8,509.85. Defendant filed a pleading styled “ an answer and cross-complaint,” which was in form and substance a complaint upon said promissory note, with a prayer for judgment against plaintiff for the amount due thereon. Plaintiff answered, setting up want of consideration and other defenses. At the proper time, plaintiff demanded a jury. The court denied this demand, and proceeded to try the case…