Rogers v. Montgomery Ward & Co.

HULBERT, District Judge.

The defendant’s answer is the last pleading in this case and was served on December 30th, 1938. December 31st, as well as the two succeeding days, were holidays. (See schedule of holidays approved by the President for the calendar year 1938, Circular No. 3194, Department of Justice, Dec. 3, 1938.) This accounts for the fact that the answer was not filed until January 3rd, 1939.

Rule 38(b), Federal Rules Civil Procedure, 28 U.S.C.A. following section 723c, provides that a demand for a trial by jury must be filed not later than ten days after the service of the last…