Platt

Appeal from a judgment of the superior court in and for the city and county of San Francisco in favor of plaintiff for $2,628.85, upon a promissory note made by defendant for $2,500, bearing interest after maturity at eight per cent per annum, and dated August 21, 1894. Accompanying the note rvas an agreement executed by the patties of which the following is a copy:

The first point made by appellant for reversal was that the cause of action was one at law, and that the court below erred in denying to defendant a jury trial. The facts bearing on the question are as follows:

Thereupon, and in open court, on March 13, 1896, such demand for a jury trial was made. The court, on the 16th of the same month, denied the application for a jury trial, “on the ground that the action was one in which the parties were not entitled to a jury trial.” Defendant excepted.

It may be stated, also, that Department 4 of the superior court was and for two years had been engaged in the trial of court cases, and had not during that period had a jury in attendance, and that the regulation to this effect was notorious.

The action, is to all intents and purposes one at law to recover money upon a…