Claim for jury trial made five years after suit was brought came too late and the right to trial by jury was waived. Motion to strike the cause from the jury docket was granted.
WYNNE, J.
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 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.