Hostler Coal & Lumber Co. v. Stuff

— A preliminary question on this appeal should first be considered and determined. This question arises on the contention of appellant that the cause is triable de novo in this court, by reason of a stipulation, to wit:

“By agreement jury -waived and case to be tried to the court. By agreement the case to be tried in the same manner as an equity cause.”

I. The action wras commenced in law, and is predicated on fraudulent representations. . The phrase “in the same manner” is significant. This language, in the light of the record, is not equivalent to the words “as an equity cause.” ft is…