Freifeld v. Sire

A former trial was had, at which no proper demand for a jury was made. The judgment was reversed, and a new trial ordered. When the case came on again for trial, the defendant demanded a jury. The court denied the motion on the following ground:

“The case is proceeding on the same footing as the former trial. The issues are the same, and this is simply a new trial ordered by the Appellate Term.”

*145Exception was taken by defendant.

The question presented is one of a waiver by defendant of his right to a jury trial by reason of his failure to demand a jury trial at the time designated in the precept…