Walcott v. O'Connor
Massachusetts Supreme Judicial Court
Contract, against the surety upon a poor debtor’s recognizance. Trial in the Superior Court, without a jury, before Bond, J., who found for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtField, C. J.
The docket showed that the defendant duly claimed a trial by jury, but the clerk of the court, by mistake, put the case upon the jury waived list. The defendant’s counsel, about a month before the case was reached for trial on the jury waived list, made “some search for the defendant’s notice that he claimed a jury trial without finding it, and believed thereafter that his clerk had not given the said notice.” The notice was found among the papers at the time of the trial. The defendant made no motion to transfer the case to the list of cases for trial by a jury, but proceeded to a trial of…
2Cited by8 opinions
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- Islami v. NeedhamMassachusetts Appeals Court · 1995
- Ah Hing v. Ah OnHawaii Supreme Court · 1903
- Goble v. SwobeNebraska Supreme Court · 1902
- Aspen American Insurance v. CroweMassachusetts Superior Court · 2013
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