Swinney

Plaintiff was the holder, by transfer from the original payee, of four promissory notes which had been executed by defendants. This action was brought to recover on the paper. Judgment went for plaintiff and defendants appeal.

Upon demand therefor in proper form appellants were denied a jury trial of the action and they now assign the denial as error. In their answer appellants did not controvert the allegations of the complaint to the effect that they made the notes, but did deny the alleged transfer of them to respondent. They also denied allegations showing the amounts said to be due on the respective obligations and denied that any sums were due. In addition to the issues presented because of these denials, affirmative issues were tendered by the answer, and a cross-complaint was filed. The affirmative allegations of the answer, however, were also carried into the cross-complaint, which latter pleading was presented for the purpose of procuring a cancellation of the notes sued on. In the last analysis, then, the issues framed by the pleadings were matters of equitable cognizance, with the exception of the denial of the transfer of the notes and the denial that any amounts…