
    CONGRESS BANK AND TRUST CO. OF NEW HAVEN vs. WALLACE A. WILLS ET AL.
    Superior Court New Haven County
    File No. 44922
    MEMORANDUM FILED APRIL 1, 1940.
    
      Samuel J. White, of New Haven, for the Plaintiff.
    
      FitzGerald, Foote & FitzGerald, of New Haven, for the Defendants.
   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.  