Van Sickle v. Kellogg
Michigan Supreme Court
Error to Oakland Circuit. Tbis was an action brought into the Circuit Court for the County of Oakland by general and special appeal from the judgment of James S. Dewey, Esq., one of the Justices of the Peace for that County. The ground of the special appeal was that the Justice, after issue joined and an adjournment, had granted the motion of the plaintiff and ordered a trial of the cause by a jury.
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Error to Oakland Circuit. Tbis was an action brought into the Circuit Court for the County of Oakland by general and special appeal from the judgment of James S. Dewey, Esq., one of the Justices of the Peace for that County. The ground of the special appeal was that the Justice, after issue joined and an adjournment, had granted the motion of the plaintiff and ordered a trial of the cause by a jury. The special appeal was disallowed in the Circuit Court and after trial and judgment for the plaintiff below upon the general appeal, the defendant below brings the case into this Court by writ of…
1Opinion of the Court
Cooley, Oh. 0.
The principal question in this case is, whether, where a party to a suit before a Justice of the Peace, has failed to demand a jury after the joining of issue and before an adjournment of the case, but calls for one on the adjourned day and the Court permits one to be summoned against the objection of the opposite party, a trial of the case by this jury is such a mis-trial as would require the Circuit Court to reverse, on special appeal, the judgment rendered on their verdict.
The Constitution, Article VI §27, provides that “ The right of trial by jury shall remain, but shall be…
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- Bleitz v. CartonWashington Supreme Court · 1908
- Raible v. YawmanSupreme Court of Oklahoma · 1923
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