Meech v. Brown

—On the return day of the summons, the justice was absent, and the clerk adjourned the action. This he had power to do (laws of 1840, p. 123). He had no power to enter the pleadings, and the issue could not then be joined without *20the consent of the parties, and the issue was not joined. The defendant demanded a jury on such return day, and tendered the fees for the venire, but the clerk informed him “ that that was not the time to demand a jury trial, and that he must wait till issue was joined on the adjourned day.” On the adjourned day, the defendant, after issue joined, demanded a jury;…