Gallagher v. Silberstein

This is a petition to vacate a judgment against the petitioner. He had claimed a jury and afterwards suffered a default. Subsequently the respondents, the plaintiffs in the action, waived a trial by jury, the judge assessed the damages, and the judgment was entered which now it is sought to set *21aside. On the hearing a ruling was asked that the judge had no power to assess the damages without a jury, and an exception was taken to a contrary ruling.

W. C. Wait, (J. J. Q-allagher with him,) for the petitioner. W. H. S. Kollmyer, for the respondents.

The statute provides that “ When the defendant…