Walnut v. Newton

The opinion of the court was delivered by

Parker, J.

This was an action of replevin in a District Court, in which there was a jury trial and a verdict and judgment for defendant.

The first cause for reversal argued is this:

“Because trial was had by jury over the objection of the plaintiff because the jury was not demanded by the defendant within the time limited by statute. The plaintiff having offered to prove that no demand was made within the time limited by statute, which offer was refused by the court and a jury trial granted.”

*291The situation is a little unusual, and substantially raises the…