Stevens v. McDonald
Massachusetts Supreme Judicial Court
Contract, on an account annexed. At the trial in the Superior Court, before Hammond, J., it appeared that the writ was returnable on the first Monday of April, 1898, and was entered on that day, to wit, April 4, 1898; that on April 11 the plaintiff filed a claim of jury trial, and the action was entered on the list of cases for trial by jury, and the usual docket entry, “Jury trial claimed,” made; that on May 23 the plaintiff filed a paper reading as follows: “In the above…
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Contract, on an account annexed. At the trial in the Superior Court, before Hammond, J., it appeared that the writ was returnable on the first Monday of April, 1898, and was entered on that day, to wit, April 4, 1898; that on April 11 the plaintiff filed a claim of jury trial, and the action was entered on the list of cases for trial by jury, and the usual docket entry, “Jury trial claimed,” made; that on May 23 the plaintiff filed a paper reading as follows: “In the above entitled action I withdraw my request for a jury trial. I. F. Sawyer, for plaintiff”; that no leave of court for filing…
1Opinion of the CourtBarker, J.
The case was reached for trial in a jury waived session of the Superior Court for Suffolk, on June 24, 1898, having been upon the published list of cases for trial without a jury since the making up of that list prior to the beginning of the June sitting. Although after the withdrawal of the plaintiff’s request for a jury trial the clerk had taken the case from the list of cases for trial by jury, and had placed it upon the jury waived list without any special order of court, the defendant made no complaint, and no effort to have the case retransferred to the list of cases for trial by jury…
2Cases cited4 opinions
- Foster v. MorseMassachusetts Supreme Judicial Court · 1882
- Dole v. WooldredgeMassachusetts Supreme Judicial Court · 1886
- Bailey v. JoyMassachusetts Supreme Judicial Court · 1882
- Vitrified Wheel & Emery Co. v. EdwardsMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Gouzoulas v. F. W. Stock & SonsMassachusetts Supreme Judicial Court · 1916
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Clark v. BakerMassachusetts Supreme Judicial Court · 1906