Legal Opinion

Biggs v. Lloyd

California Supreme Court

Decided August 26, 1886No. 11400PublishedCited by 16 opinions

Appeal from a judgment of the Superior Court of Butte County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

This is an appeal from a judgment and an order denying a new trial in an action arising on contract.

When the case was called for trial on the 16th of April, 1885, the day for which it had been set for trial, defendants demanded a jury, but the court refused to grant the demand, and proceeded, against the objections and ex*448ceptions of the defendants, to hear and. determine the case without a jury. The refusal was made on the ground that the defendants had waived a jury trial by not demanding a jury in the mode prescribed by the rules of the court. The rules of the court were as follows: —

“The…

2Cited by16 opinions

  1. Grafton Partners L.P. v. Superior CourtCalifornia Supreme Court · 2005
  2. Chessman v. HaleMontana Supreme Court · 1905
  3. Sackett v. SantilliWashington Supreme Court · 2002
  4. People v. Metropolitan Surety Co.California Supreme Court · 1912
  5. De Castro v. RoweCalifornia Court of Appeal · 1963

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