Hartford Fire Ins. Co. v. Bannister

Appellee sued appellant on a fire insurance policy, and indorsed on the summons and complaint a demand for trial by jury.

The judgment entry recites:

“Thereupon the defendant * * * comes not but makes default. And a jury trial being waived by the plaintiff in this cause, and same being considered by the court, the court proceeds to ascertain the amount of plaintiff’s damages, which the court, by competent evidence, ascertains to be fifteen hundred dollars”

—and judgment was rendered accordingly.

The bill of exceptions shows that the plaintiff, in open court, waived a trial by jury before the…