Gray Construction Co. v. Hyde

The plaintiff in this action was a creditor of the South Dakota Central Railway Company, and the defendants were stockholders in said company. The company became insolvent and unable to pay plaintiff’s claim, and plaintiff, claiming that defendant’s stock was not fully paid, brought this action to recover from defendants to the extent' of the unpaid balance on their stock.

At the commencement of the trial defendants demanded a jury trial. This demand was denied, and the court proceeded to try the case as a court case. The ruling on this question is assigned as error, and presents the first…