Foster v. Morse

The only question in this case is as to the coiistitutionality of the statutes providing in effect that in civil actions a party shall not be entitled to a trial by jury unless he files within the time prescribed by the statutes a notice that he desires such trial. St. 1874, e. 248, § 1. St. 1875, e. 212, § 1.* The defendant contends that these provisions are in violation of the fifteenth article of the Declaration of Rights, which provides *355that “ in all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been other ways…