Randall v. Kehlor
Supreme Judicial Court of Maine
On exceptions to the ruling of Lane, J., of the superior court for this county. Assumpsit to recover $117.16, loss on flour, sold by the plaintiffs on commission. The defendants appeared at the return term, and, within the time prescribed by the rules, filed their plea of the general issue, and indorsed thereon the words, ‘Defendants demand jury trial,’ at the same time saying to the clerk that the defendants had no money, and should not pay the jury fee of seven dollars.
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On exceptions to the ruling of Lane, J., of the superior court for this county. Assumpsit to recover $117.16, loss on flour, sold by the plaintiffs on commission. The defendants appeared at the return term, and, within the time prescribed by the rules, filed their plea of the general issue, and indorsed thereon the words, ‘Defendants demand jury trial,’ at the same time saying to the clerk that the defendants had no money, and should not pay the jury fee of seven dollars. The case was thereupon placed upon the list of cases to be tried by a jury. When the case was in order for trial, the…
1Opinion of the CourtAppleton, C. J.
The act establishing the superior court for the county of Cumberland, c. 151, was approved 14th February, 1868. By § 6 it is provided, that ‘ if the plaintiff desires a jury trial, he shall indorse the same upon his writ at the time of entry. The defendant shall, within fourteen days after entry, file his pleading, and if the plaintiff has not demanded a jury, the defendant shall indorse on his plea his demand for a jury, if he desires one. Whenever a jury shall be so demanded by either party, the clerk shall enter the fact on the docket, and all other cases, except appeals, shall be tried by…
2Cases cited1 opinion
- Beers v. BeersSupreme Court of Connecticut · 1823
3Cited by9 opinions
- Conneau v. GeisCalifornia Supreme Court · 1887
- Durkee v. CarrOregon Supreme Court · 1900
- Butler v. Supreme Judicial CourtSupreme Judicial Court of Maine · 1992
- State v. NortonNorth Dakota Supreme Court · 1934
- Reliance Auto Repair Co. v. NugentWisconsin Supreme Court · 1915
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