Berry v. T. & N. O. R'y

Citations

• 60 Tex. 654
• 1884 Tex. LEXIS 23

Syllabus

<p>1. Practice—Trial by jury.— The plaintiff in a cause made affidavit under , art. 1438, Revised Statutes, and filed the same with the clerk, who placed the case on the jury docket. A year afterwards, when the jury list was-about to be passed on in selecting a jury, the defendant objected to a jury-trial, on the ground that the affidavit was made under art. 1438, Revised Statutes, instead of under art. 3067. Thereupon the plaintiff asked leave to amend his affidavit, so as to make it comply with the requirements of the statute, and offered to deposit the jury fee. Held, that a trial by jury-should have been allowed.</p>