Kilvert v. Superior Court

These are petitions for writs of certiorari and mandamus. The question presented is practically the same as was considered in the recent case of Orr v. Superior Court, 52 R. I. 335.

Neither party claimed a jury trial before assignment day as required by the statute. The case was assigned for trial several times on the jury trial calendar and was finally tried before a jury. A verdict for the plaintiff was set aside by the trial justice and a new trial granted. Thereafter the parties entered into the following stipulation: “Case assigned for trial to March 21, 1932, for trial by jury on the…