TIREY, Justice.
Appellant has appealed from a judgment against him on a promissory note executed by him and others and payable to appellee in the prinipal sum of $10,000, together with interest, and providing for attorney's fees.
In the judgment we find this recital: "* * * and came the parties, both Plaintiff and Defendant, in person and by their attorneys and announced ready for trial; and came a jury of twelve good and lawful men, and said jury having been...
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