Haythorn v. Van Keuren & Son

The opinion of the court was delivered by

Trenchard, J.

This cause was tried in the Second District Court of the city of Newark before the court and a jury. A verdict was rendered in favor of the plaintiff and the judgment appealed from by the defendant was entered thereon.

*102At the trial counsel who appeared for the defendant, before any of the jurors were selected or sworn, objected to proceeding to trial before a jury and moved that the cause be tried before the court without a jury, basing his objection and motion on the ground that the plaintiff had not demanded a trial by jury until after…