Robelen Piano Co. v. DiFonzo

SOUTHEBLAND, C. J.:

This case was recently before us on appeal from a judgment on verdict of a jury in the Superior Court of New Castle County. We reversed the judgment and remanded the case for a new trial. 169 A. 2d 240.

Plaintiffs thereupon asked for trial at the June Term and defendant applied for a special jury. No such application had been made prior to the first trial. Plaintiffs opposed this application on the ground that it came too late. The court so ruled, and therefore refused the application.

Defendant appeals, and urges that the court’s ruling is erroneous as a matter of law; or,…