Cleverly v. O'Connell

This case came on for trial by the court without a jury, neither party having filed a notice that he desired a trial by jury, and more than ten days having elapsed after the answer was filed. Pub. Sts. c. 167, § 69. The 22d Common Law Rule of the Superior Court then in force was as follows: “ The notice that a party desires a trial by jury, required by Pub. Sts. c. 167, § 69, shall be filed not later than ten days after the filing of the answer or plea, unless the court shall by special order restrict or extend the time.” During the trial, and while the defendant was putting in his evidence,…