Bailey v. Joy
Massachusetts Supreme Judicial Court
Two actions of contract, tried together in the Superior Court, without a jury, before Colburn, J., who ruled that, upon the facts found by him, the actions could not be maintained; and ordered judgment for the defendant. The plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
The plaintiffs’ exception to the refusal of the Superior Court to allow them a trial by jury, cannot be sustained. They had waived their rights to a trial by jury by not filing a notice that they desired such trial within the time required by the statute and the rules of the Superior Court. St. of 1874, c. 248, § 1. Rules of Superior Court, rule 16.*
The actions were entered at April term 1878. The defendant filed an answer in December 1878, by consent of counsel, reserving the right to file an amended answer. In March or April 1879, he gave notice that he should not file any further answer.…
2Cited by13 opinions
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Alpert v. Mercury Publishing Co.Massachusetts Supreme Judicial Court · 1930
- Dennie v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Sanger v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1914
- Thompson v. KingMassachusetts Supreme Judicial Court · 1899
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