Exline v. Smith
California Supreme Court
Appeal from the County Court of El Dorado County. Assumpsit for work and labor done at defendants’ request. At the trial, defendants requested a jury, which the Court refused, and proceed to try the case, and upon the proofs, gav.e judgment for plaintiff. Defendants appealed.
1Opinion of the CourtMurray, C. J.
Bryan, J., concurred.
The third section of the first article of the Constitution provides that “ the right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.”
The fifth chapter of the Act concerning Civil Cases, (page 55, Revised Statutes,) after providing the numerous cases in which a jury shall be deemed waived, adds: “The Court may prescribe by rule what shall be deemed a waiver in other cases.”
The second subdivision of the third section thus quoted is directly in…
2Cited by22 opinions
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- Manchin v. BrowningWest Virginia Supreme Court · 1982
- People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
- Tabor v. CookMichigan Supreme Court · 1867
- Ting v. AT & TDistrict Court, N.D. California · 2002
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