Waterman v. Randlett

Decision Date22 December 1900
Citation84 N.W. 680
CourtIowa Supreme Court


Appeal from superior court of Council Bluffs; E. E. Aylesworth, Judge.

Action for rent and damage to leased property. Counterclaim for damage for failure to repair. Trial to the court, and judgment for the plaintiff. The defendants appeal. Affirmed.J. B. Sweet, for appellants.

W. H. Schurz, for appellee.


This case was before the superior court on appeal from justice court. When it was assigned for trial no one was present to represent the defendants, and when reached for trial, a few days later, they demanded a jury, which was denied, and complaint is now made of the ruling. Section 268 of the Code of 1897, relating to superior courts, provides that, “when causes are assigned for trial, any party desiring a jury shall then make his demand therefor, or the same shall be deemed to have been waived.” The refusal to give the defendants a jury was not in contravention of any constitutional right. They had an opportunity to demand a jury trial, but, for some reason not shown, did not do so, and cannot now justly complain of the result of their own negligence; for, if they saw fit to disregard the requirements of the statute protecting this right, no one is to be blamed but themselves. There was no reversible error in rulings on evidence. The judgment for the plaintiff is amply sustained by the evidence, and is affirmed. Affirmed.

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3 cases
  • Schloemer v. Uhlenhopp
    • United States
    • Iowa Supreme Court
    • February 5, 1946
    ...shall be deemed to have been waived.' Enforcement of this rule was held not to deprive a litigant of any constitutional right. Waterman v. Randlett, 84 N.W. 680 reported in Iowa reports). Appellant concedes that under the federal rules of Civil Procedure, rule 38, 28 U.S.C.A. following sect......
  • Kintz v. Schoentgen
    • United States
    • Iowa Supreme Court
    • December 22, 1900
  • Sutton v. Thayer
    • United States
    • Iowa Supreme Court
    • December 22, 1900

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