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SHARPE v. THOMSON

147 A.2d 649 (1958)

Donald K. SHARPE, Plaintiff, v. Alexander THOMSON, Defendant.

Superior Court of Delaware, New Castle.

December 30, 1958.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for plaintiff.

William Prickett, of Prickett & Prickett, Wilmington, for defendant.

STIFTEL, Judge.

On December 1, 1958, the defendant answered the call of the trial list in the Superior Court by calling "trial" when the above named case was reached.

On December 15, 1958, defendant moved that the case be tried by a special jury. The plaintiff objected on the ground the request was not timely as is required by Superior Court Rule 40(b), Del.C.Ann. This Rule provides:

"Applications for special juries shall be made at or before the...

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