Harry Goldberg Co. v. Emerman

Defendant below, the plaintiff in error here, claims that the trial court, in overruling its oral demand for a jury at the opening of the trial, violated the provision of the Constitution which guarantees that the right of a trial by a jury shall be inviolate (Article 1, Section 5).

Section 1579-24, General Code, applying to the Municipal Court of Cleveland, reads: “All causes in the municipal court, both civil and criminal, shall be tried by the court unless a jury trial be demanded by a party entitled to the same. The time for making a demand for a jury trial in civil cases may be fixed and…