Schwartz v. Kominski

This appeal presents three issues that touch on the right to trial by jury in a civil suit: (I) whether a defendant must be present at the trial in order to preserve his demand that the suit be heard by a jury; (2) whether it is error for a trial judge to decide a civil suit without a jury after defendant answered the complaint and filed a jury demand; and (3) whether a petition under section 72 of the Civil Practice Act will lie to set aside a judgment entered by a trial judge who heard a civil suit without a jury while defendant’s jury demand was on file.

On September 4, 1988, plaintiff…