Lucas v. Cate

This proceeding is one in which the defendant’s right to a trial by jury cannot be doubted (N. H. Const. Pt. I, Art. 20) unless she is now barred by her waiver of that right. Ordinarily an agreement by counsel under which the trial of a case by jury has been waived will be specifically enforced except as the Trial Court may, in its discretion, determine that it should be vacated for good cause. Trainor v. Heath, 67 N. H. 384, 385; Redlon Co. v. Corporation, 91 N. H. 502, 506. Waiver of the right to a trial by jury, however, extends only to the issues then formed at the time of waiver and does…