Livaudais v. Spear

After issue joined, this cause was called in due.course for trial before the District Court, neither party having prayed for a jury. Evidence was given on both sides, argument heard, and the cause taken under advisement on the 2Gth of February, 1853. On the 9th of April, 1853, there appears of record an order in these words :

“ In this case, the court considering that the issue involved is one which ought to be submitted to a jury — It is therefore ordered, that the same be transferred to the jury docket, and set for trial accordingly.”

This order appears to have been made, without motion or…