LUCAS v. CATE

No. 4321.

99 N.H. 134 (1954)

HENRY LUCAS v. OLIVE F. CATE.

Supreme Court of New Hampshire.

Decided June 23, 1954.


Attorney(s) appearing for the Case

James J. Kalled for the plaintiff, furnished no brief.

Sleeper & Mullavey for the defendant.


GOODNOW, J.

This proceeding is one in which the defendant's right to a trial by jury cannot be doubted (N. H. Const. Pt. I, Art. 20) unless she is now barred by her waiver of that right. Ordinarily an agreement by counsel under which the trial of a case by jury has been waived will be specifically enforced except as the Trial Court may, in its discretion, determine that it should be vacated for good cause. Trainor v. Heath, 67 N.H. 384...

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