Frahm

The defendants Briggs have appealed from a judgment in favor of the plaintiffs Frahm wherein it was adjudged that the plaintiffs have an easement consisting of a right of way over a concrete road, which is mainly on the defendants’ premises, for use for vehicular and pedestrian traffic and for ingress to and egress from the plaintiffs’ premises. It was further decreed that the defendants and their successors in interest were permanently enjoined from erecting any fence, wall or other barrier so as to close or prevent the use of the road by the plaintiffs or their successors in interest. The judgment contained other provisions to which reference is unnecessary at this time.

The defendants Briggs had demanded a jury trial. But on the court’s own motion prior to the taking of evidence the jury was ordered discharged on the ground that a trial by jury was not proper because the cause was solely one in equity. At the time counsel for the defendants Briggs noted in substance an exception to that ruling as being a violation of his clients’ constitutional right. The first contention presented on this appeal is that the defendants Briggs were thereby deprived of their…