Clayton v. Clark

*540The opinion of the court was delivered by

Garrison, J.

The question to be decided is whether the judge of a District Court has jurisdiction to try the merits of a case where the matter in dispute exceeds the sum of $200, when the defendant has appeared at the proper time and demanded a jury. In the case before us, the venire was withheld solely because the defendant refused to advance the fees and costs incident thereto, so that the precise point raised is whether the defendant’s right to a trial by jury was lawfully made to depend upon the prepayment by him of the expenses of the venire.

The…