Cohen v. Sykes

Opinion by

Gunther, J.,

This is an action in assumpsit in which plaintiff waived his privilege to a jury trial. Defendant filed a counterclaim and a written demand for a jury trial and paid the jury fee. Through an error of the Prothonotary, the case was placed on a nonjury trial list. Both plaintiff and defendant failed to call the court’s attention to the mistake. The case was tried without a jury and the court found for the plaintiff and entered a compulsory nonsuit on the counterclaim. This appeal is from the lower court’s refusal to take off nonsuit. Appellant, in his argument, contends…