Albien v. Smith

Citations

• 19 S.D. 421
• 103 N.W. 655
• 1905 S.D. LEXIS 59

Syllabus

<p>Under the provision of the Constitution that the right of trial by jury shall remain inviolate, and shall extend to all cases at law, and Rev. Code Civ. Proc. § 275, providing that in an action for the recovery of specific real or personal property trial by jury may he waived only with the assent of the court to the written consent of the parties filed with the clerk, or an oral stipulation made in open court and recorded in the minutes of the trial, the right to a trial by jury is not waived by'de- . fendant in an action at law for the recovery of personal property by moving for a directed verdict at the conclusion of plaintiff's evidence, where, after the denial of the motion, he. introduces evidence sufficient to carry his case to the jury.</p>