Stern

On July 23d, respondents served and filed a memorandum, required by rule I of the Rules of the Superior Court, adopted by the Judicial Council, to set the above action at law for trial. The county clerk on August 16th notified both parties in writing that the case was on the “Civil Trial List”, and would be called in the department of the presiding judge on August 22, at 2 P. M., at which time the parties were instructed to be present as the date of trial would be then fixed. Appellants, on August 20th served and filed a written demand for a trial by jury. The court on August 22d, no appearance being made by appellants or their attorneys, but its clerk having informed it of the filing of the written demand, set the case for trial without a jury. Several months before date of trial, appellants’ motion to transfer the case from the court calendar to the jury calendar was denied. Prom the judgment in favor of respondents, rendered after a trial in which they participated, appellants appealed on the sole ground that they were unlawfully denied a trial by jury.

Respondents’ objection to our consideration of this question, because appellants’ failure to prepare a transcript of the…