Gondreau v. Beliveau

Stone, Justice.

The one assignment of error requiring consideration presents plaintiff’s claim that he was improperly denied the right to a jury trial.

Assuming that the case was one for a jury, the claim is now of no avail to plaintiff because it appears that the right was waived. At the call of the regular term calendar, December 4, 1939, the court, on examination of the pleadings, considering the case one for an accounting, assigned it for trial by a referee. The record shows no objection or exception by plaintiff. December 13, by written order, the referee was appointed. Thereafter,…