Hoitt v. Burleigh

We have settled that a party to a bill in equity has a constitutional right to require a trial by *390jury, of a contested matter of fact, if he asserts that right at the proper stage of the cause. 9 N. H. Rep. 349, Marston v. Brackett.

This right is not to be asserted by plea, as that might interfere with the plaintiff’s right to require an answer, which is also a legal right. After the answer is in, and a replication filed, the court can ascertain and determine what matters are in controversy, and cause the proper issues to be framed. That is a proper stage of the cause, and a motion is the…