State Ex Rel. Perry v. Sawyer

This is an original proceeding in mandamus to require the defendant, a circuit judge in Jackson county, to set aside an order requiring separate trials on the issues of liability and damages in a personal injury ease. We issued an alternative writ, and the defendant has filed a demurrer to the writ.

The sole question presented is whether the defendant trial judge has authority in this case to order separate trials. The question is one of first impression in this state.

The plaintiff in the personal injury case, Betty McLean, filed a motion supported by an affidavit requesting separate trials in…