O'Banion v. Simpson
Nevada Supreme Court
Appeal from the Eighth Judicial District Court, Lyon Count y; T. C. Hart, Judge. Action to quiet title by John W. O’Banion and another against Daniel C. Simpson. Judgment for plaintiffs, and defendant appeals from the judgment and from the order denying his motion for a new trial. The court erred in denying appellant’s demand for a jury trial, and in holding that the right to a jury trial had been waived.
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Appeal from the Eighth Judicial District Court, Lyon Count y; T. C. Hart, Judge. Action to quiet title by John W. O’Banion and another against Daniel C. Simpson. Judgment for plaintiffs, and defendant appeals from the judgment and from the order denying his motion for a new trial. The court erred in denying appellant’s demand for a jury trial, and in holding that the right to a jury trial had been waived. “The right of trial by jury shall be secured to all and remain inviolate forever; but a jury trial may be waived by the parties in- all civil cases in the manner to be prescribed by law.”…
1Opinion of the Court
By the Court,
Sanders, J.:
This appeal is taken from a judgment in favor of the plaintiffs and against the defendant, and also from an order denying the defendant’s motion for a new trial.
Counsel for appellant insist that the trial court erred in denying appellant’s demand for a jury trial and in holding that the appellant, by his failure to demand a jury at or before the time the case was set for trial, waived his right to demand a jury. The exceptions to this ruling are: First, that the defendant was deprived of his inviolate constitutional right to a jury trial; second, that the defendant…
2Cases cited8 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Cannon v. StockmonCalifornia Supreme Court · 1869
- Peter v. BeverlySupreme Court of the United States · 1836
- State v. HazzardWashington Supreme Court · 1913
- Talbert v. SingletonCalifornia Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Lowe Enterprises Residential Partners, L.P. v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2002
- Lanigir v. ArdenNevada Supreme Court · 1966
- Friendly v. LarsenNevada Supreme Court · 1944
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