Opinion
Decided December, 1876.
There is no constitutional right of trial by jury in proceedings in equity.
BILL IN EQUITY, referred by order of court. On the return of the report the plaintiff elected a trial by jury. The court ruled that the plaintiff was not entitled of right to a jury trial, and ordered a decree for the defendant, to which the plaintiff excepted.
J. Benton and W. Heywood, for the plaintiff.
Ray Drew, for the defendant.
In proceedings in equity the parties have no constitutional right of trial by jury. Copp v. Henniker, 55 N.H. 179, 210, 211; Perkins v. Scott, 57 N.H. 55, 81-84. The court was therefore right in denying the plaintiff's motion, and
The exception must be overruled.