Orr v. the Superior Court

Writ of certiorari to the Superior Court.

The single question is whether defendant in the case of Harris & Vose v. James S. Orr now pending in the Superior Court is entitled to have a jury trial. The action is assumpsit and was begun by writ returnable to the Superior Court December 21, T929; the assignment-day was February 1, 1930. Plaintiff filed no written claim f'or a jury trial. January 15, 1930, defendant filed a demurrer to the second count of the declaration and a plea of the general issue to the first and third counts which plea concluded as follows: “and of this he puts himself upon…