HALLEY, J.
This is an appeal by Grady Jinks and wife, defendants in the trial court, from an order denying them a jury trial.
The defendants in error, Mack M. Braly and others, have presented in their brief the question of whether or not an order denying a trial by jury is an appealable order. While the matter is not presented in the form of a motion to dismiss the appeal, we shall treat it as the equivalent of such a motion and so consider it.
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