Connecticut Superior Court, 1940

Congress Bank Tr. Co. v. Wills

Congress Bank Tr. Co. v. Wills
Connecticut Superior Court · Decided April 1, 1940 · WYNNE, J.
8 Conn. Super. Ct. 179

Counsel

Samuel J. White, of New Haven, for the Plaintiff. FitzGerald, Foote FitzGerald, of New Haven, for the Defendants.

Congress Bank Tr. Co. v. Wills

Opinion of the Court

A review of the file shows that the defendant's claim for a jury trial came almost five years after the suit was brought. This makes the conclusion rather compelling that a great constitutional right is not really at stake. Rather the situation comes with the reasoning and the philosophy of Judge McEvoy's recent memorandum. It is true that the instant *Page 180 motion comes belatedly but counsel's explanation of this is at least appealing. The court feels that the defendant's right to a jury trial was waived by him. For this reason, and on the reasoning indicated, the motion to strike from the jury docket is granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.