It was competent for the court, upon a withdrawal of the answer hy the defendants, to render judgment, the demand being liquidated, without the aid of a jury.

This rule is well settled hy the cases of Cartwright v. Roff, 1 Tex. Rep. 78; Burton v. Lawrence, 4 Id. 373, and Wheeler v. Pope, 5 Id. 262. Upon the authority of those cases, the judgment of the court below is affirmed, with damages.

Affirmed with damages.