55 Me. 361
Supreme Judicial Court of Maine
Decided July 1, 1868
Supreme Judicial Court of Maine · decided 1868-07-01
On Report. Libel to annul a marriage between the parties under R. S., c. 60, §§14 and 16. The respondent seasonably claimed a trial by jury, which the libellant resisted on the ground that there is no authority in the constitution or statute for a trial by jury in this case.
Decided 1868-07-01
¶1This case does not come within § 20, art. 1, of the constitution, providing for a trial by jury. The practice has been otherwise. Nor is there any statute authorizing it. On the other hand, the statute provides that " the Court shall decree it (the marriage) annulled or affirmed according to the proof.” E. S., c. 60, § 14.
¶2The case to stand for trial by the Court.