
    SUPREME COURT.
    The City National Bank of Dallas agt. The National Park Bank.
    
      Preferences — Bight to—How and when waived—Code of Civil Procedure, sections 791-793.
    Where the right to a preference depends upon facts which do not appear upon the pleadings, a copy of the order granting the preference must he served with or before the notice of trial or argument.
    By serving a notice of trial before making a motion to have the cause preferred, the right to such preference is waived.
    
      Special Term, February, 1882.
   Lawrence, J.

— The plaintiffs having served a notice of trial before making this motion have, I think, waived their right to move to have the cause preferred.

The right to a preference depends upon facts which do not appear upon the pleadings, &e., and the Code is express that , in such a case a copy of the order granting the preference must be served with or before the notice of trial or argument {Code, see. 793).

Motion denied, with ten dollars costs to abide the event.  