
    (No. 5239.
    Decided May 23, 1905.)
    T. W. Fleming, Respondent, v. L. G. Wilson et al., Appellants.
      
    
    Trial—By Jury—Failing to Demand When Set eor Trial—Discretion. It is discretionary to award a jury trial although the same was not demanded when the case was set for trial in the manner required by Laws 1903, p. 50, and error cannot be predicated thereon.
    Appeal from a judgment of the superior court for King county, Morris, J., entered December 23, 1903, upon the verdict of a jury rendered in favor of the plaintiff.
    Affirmed.
    
      James B. Murphy, for appellants.
    
      Smith & dole, for respondent.
    
      
       Reported in 80 Pac. 1104.
    
   Per Curiam.

The only question presented on this appeal is Whether the lower court may call a jury in a law case where the parties have waived a jury under the provisions of the act of March 6, 1903, relating to jury trials. Laws 1903, p'. 50. This same question was presented to this court under substantially the same facts in Knapp v. Order of Pendo, 36 Wash. 601, 79 Pac. 209, where we said:

“It is within the discretion of the trial court to permit a demand for a jury to be made after the case is called to be set for trial, or to submit tbe issues of fact iu a case to a jury of its own motion, and no error can be predicated upon its ruling in that regard.”

Under this rule, tbe judgment must be affirmed. It is so ordered.  