State v. McDonnell

Merrick, O. J.

This case was before us last year, on an appeal taken by other defendants. See 12 An.

The counsel for the defendant, Cockerell, present two additional questions not considered on the appeal taken by the other defendants. The first is, whether a party can be deprived of his trial by jury in this form of proceeding; and the second, whether a judgment by default was not needed in order to form the contestatio litis.

The proceeding is a rule (taken under the 71st section of the Revenue Act) against a Tax Collector and his sureties.

By this section, the Auditor of Public Accounts is…