Muzzy v. Curtis

This is a contract case tried by court. The plaintiff prevailed and the defendant has appealed.

The first issue relates to the defendants’ request for a jury trial. The trial by court was held over the objection of the defendants, who pointed out that the matter appeared, by their request, on the jury list of Washington County Court for that term. The plaintiffs took the position that the attempt to set it for jury trial was out of time under County Court Rule 3(3), and requested trial by court, which was granted. “Cases shall be set by either party for trial by court or jury at least twenty…