Hosford v. Carter

By the Court.—Brady, J.

—The defendant demanded a jury, but on the day the action was tried, agreed in open court that the trial should be by the court, and the jury was waived. In justices’ courts, unless a jury be demanded when the issue of fact is joined, the justice must hear the evidence, decide all questions of law and of fact, and render judgment. Act relating to district courts (laws of 1857, §47). By the constitution, a jury trial may be waived by the parties in all civil cases in the manner prescribed by law (section 2, article 1, constitution of 1846); and where jurisdiction of the…