Davis' Heirs v. Prevost

another trial. There has been a verdict and judgment for the defendants, and the plaintiffs have appealed. Yol. 1, 697.

The counsel for the appellants has called our 1 1 attention to several bills of exceptions.

1.—When the cause was called for trial in the district court, the counsel for the defendants presented to the court a petition, in which they prayed for a jury; the application was refused on the ground that it was too late, and the jury ought to have been prayed for in the answer. The court, however, directed the cause to be tried by a jury; and the plaintiff took a bill of exceptions.

A…