Whitman v. Mashburn

PETITION FOR WRIT OF MANDAMUS

COLEMAN, Justice.

This is an original petition for writ of mandamus to the Honorable Telfair J. Mashburn, as Judge of the Circuit Court of Baldwin County, Alabama, In Equity, to require him to set aside an order granting a motion to strike petitioners’ demand for a jury trial, in a cause in said court wherein petitioners are respondents.

We granted the rule nisi and the trial judge filed a demurrer and an answer. The demurrer is overruled and the answer is hereinafter mentioned.

This court has heretofore reviewed by mandamus the action of a trial court in granting a…