The opinion of the court was announced by—

Defendant being in default, claimed the right to a jury trial in the assessment of plaintiff’s damages. That there was no error, in denying this claim, see Wilkins v. Treynor, 14 Iowa, 391; Loeber v. Delahaye, 7 Id., 478; Cook v. Walters, 4 Id., 72; Carlton v. Byington, ante.

Affirmed with three per cent damages.