Cumens v. Garrett

HEFLIN, Chief Justice.. This case is before the court on petition by William and Ruth Garrett seeking a writ of mandamus to be issued to the Honorable Carlton Mayhall, Jr., Judge, Circuit Court of Winston County. The petition asserts that Judge Mayhall committed ■ error by striking the Garretts’ demand for jury trial in the action below. This court agrees.

Vernon Cumens instituted a mechanic’s lien enforcement suit under the authority of Title 33, Section 37, Alabama Code of 1940, as amended (Recompiled 1958) et seq. The Garretts demanded a jury trial. Cumens moved to strike the demand and,…