Greenberg v. Greenberg

1. Whatever right any of the defendants might have had to trial by jury was lost by the failure of each to serve a timely demand for such trial. Mass.R.Civ.P. 38(b) and (d), 365 Mass. 801 (1974). United States v. 110 Bars of Silver, 508 F.2d 799, 801 (5th Cir.), cert. denied, 423 U.S. 861 (1975). Omawale v. WBZ, 610 F.2d 20, 22 (1st Cir. 1979). The time for serving such a demand could not be enlarged by agreement of the parties without the permission of the court. Mass.R.Civ.P. 6(b)(3), 365 Mass. 747-748 (1974). Compare Orange Theatre Corp. v. Rayherstz Amusement Corp., 130 F.2d 185, 186-187…