Briggs v. Gleason

The plaintiff set the case down “ not for the jury,” which means, by long settled practice, that he shall show good cause for a continuance, or submit to a judgment against him.

After thus setting the case down, has he the right to have the damages assessed by the jury? We think not. He thereby declares of record that there is nothing in his case which he claims to have tried by jury. If damages are to be assessed he thereby waives the assessment of them by the jury, and submits that question to the court. This construction has, we beleive, been uniformly given to. this entry throughout the…