Cassidy v. Sullivan

This is an application for a writ to compel the respondent, judge of the Superior Court, to have the issues of fact in a divorce case pending in said court tried by a jury. The clause of the Constitution mainly relied on reads as follows: “ The right of trial by jury shall be secured to all and remain inviolate.” (Const, art. i., § 7.) This implies the existence of the right. To secure is not to create or acquire, but “to make safe; to relieve from apprehensions of or exposure to danger; to guard, to protect.”—Webster. Under the provisions of other constitutions and statutes quite as broad as…