MUZZY v. CURTIS

No. 1941.

253 A.2d 149 (1969)

Harold E. MUZZY, Jr. and Dorothy A. Muzzy, d/b/a Muzzy Construction v. Cecil and Teresa CURTIS.

Supreme Court of Vermont. Washington.

April 1, 1969.


Attorney(s) appearing for the Case

Meaker & Adams, Waterbury, for plaintiff.

Cornelius O. Granai, Barre, for defendant.

Before HOLDEN, C. J., SHANGRAW, BARNEY and KEYSER, JJ., and BILLINGS, Superior Judge.


BARNEY, Justice.

This is a contract case tried by court. The plaintiff prevailed and the defendant has appealed.

The first issue relates to the defendants' request for a jury trial. The trial by court was held over the objection of the defendants, who pointed out that the matter appeared, by their request, on the jury list of Washington County Court for that term. The plaintiffs took the position that the attempt to set it for jury trial was out of time under...

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