Bullock

This action was tried before a jury, plaintiffs had judgment against the defendant (a corporation) j and this appeal is taken from the judgment, and from an order denying defendant’s motion for a new trial. Both parties waived a jury trial, but the court, against the protest and objection of the defendant, called a jury. An exception was taken by the defendant, and this action of the court is assigned for error. Appellant contends that this action of the court was an irregularity which deprived defendant of a fair *611 trial, and also that it was an error of law occurring at the trial, and cites sections 214 and 592 of the Code of Civil Procedure. Section 592 provides that certain actions therein named (of which this was one) “must be tried by a jury, unless a jury trial is waived or a reference ordered. . . . .In other cases, issues of fact must be tried by the court, subject to its power to order any such issue to be tried by a jury.” Section 681 of the Code of Civil Procedure provides how and when a jury may be waived. This question was before the court in Doll v. Anderson, 27 Cal. 249 . The court said, at page 251: “The court, however, has the right, notwithstanding such…