CASSIDY v. GLOSSIP

No. 40645.

12 Ohio St. 2d 17 (1967)

CASSIDY, APPELLEE, v. GLOSSIP, APPELLANT.

Supreme Court of Ohio.

Decided November 8, 1967.


Attorney(s) appearing for the Case

Messrs. Casper & Casper and Mr. Jack A. Casper, for appellee.

Messrs. Janson, Smith, Davis & Bixler, Mr. William C. Ailes and Mr. Kenneth J. Cummings, for appellant.


TAFT, C. J.

Defendant contends that Rule 22 of the Common Pleas Court of Butler County is invalid. That rule provides that a party shall request a jury not later than the third day prior to the date of the commencement of the trial or he shall be deemed to have waived a jury trial.

Section 5 of Article I of the Constitution of Ohio reads, so far as pertinent:

"The right of trial by jury shall be inviolate * * *."

It is well settled that the...

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