Davidson v. Wright
Supreme Court of Iowa
Appeal from, Bremer District Court. On the 3d day of April, 1876, there was filed in the office of the clerk of the Bremer District Court a motion for summary judgment against defendant, G. 0. Wright, for $350.00 alleged to have been collected by Wright as an attorney, and withheld from his'client. On the same day, the case being called for trial, the defend- • ant demanded a jury, which the court refused, and the defendant excepted. The canse was then continued.
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Appeal from, Bremer District Court. On the 3d day of April, 1876, there was filed in the office of the clerk of the Bremer District Court a motion for summary judgment against defendant, G. 0. Wright, for $350.00 alleged to have been collected by Wright as an attorney, and withheld from his'client. On the same day, the case being called for trial, the defend- • ant demanded a jury, which the court refused, and the defendant excepted. The canse was then continued. On the 28th day of November, 1876, the case was again called, and defendant asked for a jury trial, which the court refused, and…
1Opinion of the Court
Day, Oh. J.
i. practice: fiu-y.and 101 I. In the state of the record, we need not determine whether or not the defendant was entitled to a jury trial. At the terms of court in April and November, 1876, the defendant demanded a jury-trial and excepted to the ruling of the court refusing it to. *384him. But at these terms no trial was had, so that the ruling became immaterial, and, if erroneous, was not prejudicial. A demand for a jury must have reference to the term and time at which the demand is made. Many causes, such as the constitution of the jury, the condition of the business in court, the…
2Cited by4 opinions
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Timonds v. HunterSupreme Court of Iowa · 1915
- State v. BelvelSupreme Court of Iowa · 1893
- Polk County v. District CourtSupreme Court of Iowa · 1907