Schaneville v. Toye Bros. Yellow Cab Co.

On the Merits.

Counsel for appellant complains in his argument in this court of the failure to obtain a jury trial of the issue of the plaintiff’s insolvency. Without discussing the right of plaintiff to have issues of fact presented in summary proceedings tried by a jury, we observe that no effort was made in the court below to obtain a jury and plaintiff went to trial without objecting to the form of procedure. If there was ever any right to a jury, it has been waived and cannot be revived by an oral request in argument in an appellate court. Article 494 of the Code of Practice provides that…