Knight v. Farrell & Reynolds
Supreme Court of Alabama
Application for Mandamus. Appeal from the City Court of Anniston. The appellees, Farrell & Reynolds, brought an action against the appellant, Ray Knight and Mrs. Ray Knight, to recover for work and labor done and material furnished by the plaintiffs to the defendants.
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Application for Mandamus. Appeal from the City Court of Anniston. The appellees, Farrell & Reynolds, brought an action against the appellant, Ray Knight and Mrs. Ray Knight, to recover for work and labor done and material furnished by the plaintiffs to the defendants. Upon the filing of the complaint, the plaintiffs did not ask for a trial by jury, but upon the interposition of demurrers to the complaint by defendants, there was indorsed upon the demurrers a demand by the defendants for a trial by jury. The subsequent rulings of the court are sufficiently stated in the opinion. Upon the…
1Opinion of the CourtHaralson, J.
The requirements of section 6 of the act to amend the act creating the city court of An-niston, touching the trial of civil causes without a jury, and the waiver of a jury trial, have been held, for the purpose of securing such a trial, to be mandatory.-Ex parte Ansley, 107 Ala. 613. By the terms of the act, the plaintiff to be entitled to a trial by jury, must “at the commencement of the suit, or when the cause is at issue” indorse “such demand on the summons and complaint or other original process,” or the plaintiff having failed to make such demand, the defendant is entitled to a trial by…
2Cases cited5 opinions
- Tower v. MooreSupreme Court of Missouri · 1873
- Ex parte GarlandSupreme Court of Alabama · 1868
- Ex parte AnsleySupreme Court of Alabama · 1894
- Caldwell v. HouserSupreme Court of Alabama · 1895
- Ex parte CharlestonSupreme Court of Alabama · 1894
3Cited by10 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Ex Parte Merchants Nat. Bank of MobileSupreme Court of Alabama · 1952
- Ex Parte MooreSupreme Court of Alabama · 2003
- State ex rel. Nichols v. CherryUtah Supreme Court · 1900
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
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