Lerner v. McDermott

This case is before this court upon a return to an alternative writ of mandamus. Relator seeks to compel the judge and clerk of the First District Court of Paterson to call a jury for the determination of a case in which he is defendant.

It appears that one Smillie brought an action against the relator in said court. Neither party demanded a trial by jury so the court sat as trier of the facts and law. Judgment was given for the plaintiff. Upon defendant’s appeal, this court reversed and ordered a new trial. Defendant then demanded a jury, filing his notice and deposit. Upon plaintiff’s motion…