Platt v. Havens

Citations

• 119 Cal. 244
• 51 P. 342
• 1897 Cal. LEXIS 887

Syllabus

<p>Jury—Action on Contract.—An action to recover money upon a promissory note, and for the breach of a contract entered into simultaneously therewith, in which no equitable issues are raised, is an action at law, in which the defendant is entitled to a jury trial.</p> <p>Id.—Waiver of Jury.—A stipulation to set the action for trial on a day certain before a department of the superior court then known to be engaged in the trial of causes without a jury is not a waiver of the right to a trial by jury. Such right cannot be waived by implication.</p>