Noone v. Sinner

MUNGER, District Judge.

The plaintiff in error brought suit against the defendant in error and her husband to recover upon three promissory notes signed by them. The answers alleged failure of consideration and that they were executed as accommodation notes to the plaintiff in error. A trial by jury was waived, and after hearing the evidence the trial judge found in favor of the defendant in error, but entered judgment against her husband. The plaintiff in error has prosecuted a writ of error from that judgment.

If a jury trial is waived in an action at law, in which a jury trial is demandable…