A. C. Petri & Bro. v. Lincoln National Bank

GAINES, Associate Justice.

— The sole question in this case is whether or not the court erred in refusing the appellants’ demand for a jury. In respect to that question, the case is similar to that of the same appellants against the First National Bank of Fond du Lac, decided at a former day of this term (83 Texas, 424). The opinion in that case was delivered by Judge Hobby, of the Commission of Appeals, and was approved by this court. It was there held, that the court did not err in proceeding to try the issues without a jury, although the appellants had made a demand therefor.

But there is a…