Harris v. Bogle

Mu. Justice Neil

delivered the opinion of the Court.

The first question to be determined on this appeal depends upon the construction and validity of rule 35 of the chancery court of Davidson county. ' That rule, so far as it is necessary to quote, for the purposes of the present inquiry, reads as follows:

*703“Rule 35. Application for a jury must be made by petition in open court upon tbe first day of tbe trial term.”

Tbe cause was put at issue by tbe filing of an answer during tbe April term, 1904. Tbe jury was demanded by defendant on tbe 1st day of tbe October term, 1905. Tbe chancellor declined…