Gooden v. Blanton

1. I do not agree that anything in the Georgia Constitution requires that the issue of amount of damages in cases ex delicto which are in default must be tried by a jury. Statutes which provide that jury trial is waived unless demanded are constitutional. And the constitutional right to jury trial may be waived by proceeding to trial without demanding a jury. Clarke v. Cobb, 195 Ga. 633 (24 SE2d 782). Code § 2-3907 does not say that default cases ex delicto must be tried by jury; it specifies only that cases other than these shall be tried by the court without a jury. But the converse, which…