Aetna Casualty & Surety Co. v. Mayor & Council of Wilmington

The Chancellor:

The solicitor for Walsen, the principal in the bonds on which judgments were entered, makes the contention that Walsen is entitled as of right to a trial before a jury of the issue of whether there was a shortage in his accounts as collector of taxes.' He is not entitled as of constitutional right to have such trial afforded him by this court. Mackenzie Oil Co. v. Omar Oil & Gas Co., 14 Del. Ch. 36, 120 A. 852; Sparks, et al., v. President, etc., of Farmers’ Bank, 3 Del. Ch. 225.

If he is allowed a jury trial, it is only because the court in the exercise of its discretion deems…