First Trust Co. v. Cabrinha

Citations

• 24 Haw. 777

Syllabus

<p>Jury — effect of demand for trial by.</p> <p>The filing of a demand for a jury trial by either of the parties within the time prescribed by the statute fixes the status of the case as one to be tried by a jury.</p> <p>Same — same—waiver of jury by parties.</p> <p>The filing of a demand for a jury trial by one of the parties fixes the status of the case as one to be tried by a jury and this status cannot be changed except by agreement of the parties or by conduct amounting to a waiver of their right to a jury trial.</p> <p>Same — time within which demand for trial by jury may be made.</p> <p>A statute which provides that written demand must be filed “within ten days after the case is at issue” fixes the last day upon which a demand may be filed but does not require the case to be at issue before the demand may be filed.</p> <p>Same — demand for jury contained in prayer of complaint held insufficient.</p> <p>Including in the prayer of the complaint the statutory form of prayer for process that the defendant be cited to “appear and answer this complaint before a jury of this country” does not constitute such demand for a jury trial as is contemplated by the statute.</p> <p>Vendor and Purchaser — forfeiture—waiver.</p> <p>The clause in a contract of sale of real estate reserving to the vendor the right to declare a forfeiture for failure of the vendee to make payments as agreed may be waived but it is a general rule that mere indulgence or silence will not be construed as a waiver unless some element of estoppel can be invoked.</p> <p>Sam:e — same—same.</p> <p>In the absence of other circumstances the acceptance by the vendor of payments past due does not relieve the vendee from his obligation to make subsequent payments promptly, nor will it operate to estop the vendor from declaring a forfeiture for failure to make such subsequent payments.</p>