Hanfling v. Silver Refrigeration Manufacturing Corp.

Huíretca, J.

Plaintiffs served defendant with summons and complaint on November 29, 1954, and on the same day defendant appeared by counsel and mailed its answer and simultaneously therewith a demand for trial by jury. The answer was duly filed with the clerk of the court. At the same time the jury demand was filed and the proper fee paid. Thereafter, plaintiffs noticed the case for trial and the clerk of this court placed the cause upon the jury calendar.

*214Plaintiffs move to strike the case from the jury calendar, contending that defendant should have served a jury demand within the three-day…