Sweeny v. Barbin

2 Mart. 48

Opinion

By the Court,

Lewis, J.

alone. Neither party can, without his neglect or consent, be deprived of his right to a jury. No latches can be imputed to the defendant. Judgment cannot be cntered. If the plaintiffs wave their right to a jury, the defendant must be allowed to pray for one, or his attorney offered an opportunity of consulting with him, to ascertain whether a defence be not necessary.

Motion overruled.