Wilcox v. Hedwall

Plaintiffs, lessors, sue defendant, lessee, for arrears of rents and taxes under a 25-year ground lease. There was trial without a jury and decision for plaintiffs. Defendant’s motion for a neAv trial Avas granted upon the sole ground of error of law in a ruling that defendant had Avaived his right to trial by jury. From that order plaintiffs appeal.

The action being for the recovery of money under a contract, it is necessarily conceded that, unless waived, defendant Avas entitled to a jury trial under art. 1, § 4, of the state constitution. The issue whether defendant had waived a jury trial…