Manheim v. Seitz

The interesting question is presented on this argument whether a party to an action in a justice’s court, having failed to demand a jury at the time of joining issue, as provided bisection 3127 of the Code of Civil Procedure, may, upon a retrial of the action, after appeal, demand trial by jury. While there is some reason to doubt this right, we are inclined to believe that it should be granted where the demand is seasonably made upon the parties appearing for retrial. The difficulty which we find in this case is not, however, the disposition which should be made of the question upon its…