Glenn v. Yoder

This is an appeal by transcript from a money judgment. All alleged assignments of error are concededly predicated upon the refusal of the trial court to grant a jury trial.

The journal entry of judgment which was approved by appellant recites:

“Premises considered the court finds that the plaintiff and the defendant have hereto (heretofore) waived a jury in this matter, and agreed that said cause may be set for trial before the court. . . .”

12 O. S. 1941 § 556 provides:

“Issues of law must be tried by the court, unless referred. Issues of fact arising in actions for the recovery of money, or of…