Mealy v. Fidelity Nat. Bank

CAMPBELL, District Judge.

This is a motion for an order taking this case from the non jury calendar and placing it on the jury calendar for trial.

This action was commenced on May 8th, 1939, by filing the complaint herein in the office of the clerk of this court, Rule 3, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and thereafter issue was joined herein, and a trial by jury was not demanded, therefore, the plaintiff, under Rule 38(d) of the Federal Rules of Civil Procedure, waived its right to a jury trial as to the issues then presented in the first and second causes…