Bereslavsky v. Caffey

FRANK, Circuit Judge.

The judge erred in striking the jury demand, despite the fact that more than ten days had elapsed from the service of the last pleading directed to the issues as made by the original complaint and amended answer. For, under that complaint, the plaintiff was not entitled to de.mand a jury, since the relief he then sought was exclusively “in equity,” so that there was then no “issue triable of right by a jury.” When, by amending his complaint, he abandoned his prayer for such “equitable” relief, he then, for the first tim.e, was in a position to demand a jury, for only then…