Kearns v. Simpson

The opinion of the court was delivered by

Minturn, J.

The defendant appeals from a judgment obtained against him in the Orange District Court by the plaintiff for the value of certain earth filling and field stone which the plaintiff delivered to defendant.

*222The defendant- admitted the correctness of the item for field stone, and paid the amount due therefor into court.

Exception was taken to certain trial errors, but the gist of defendant's argument here was directed to an attack upon the trial court's refusal to grant a trial by jury.

Upon a previous trial, in the same court, the defendant had…