Humphrey v. Eakeley

The opinion of the court was delivered by

Garrison, J.

This appeal brings up a judgment rendered, in favor of the appellee in an action on contract tried before the District Court without a jury. The state of the case for appeal shows that on the return day of the summons, and again on the day set for trial, the appellant demanded a trial by jury without being required to advance the cost of the venire, which was denied by the District Court, and constitutes the sole ground now urged for the reversal of its judgment. The statutory regulation affecting this subject is contained in an amendment…