May v. Melvin

EDGERTON, Associate Justice.

In a suit for alienation of affections the District Court, sitting without a jury, gave judgment to the defendant and the plaintiff appeals. Appellant complains that she was denied a jury trial. But she failed to demand one, as Federal Rules of Civil Procedure, rule 38(b), 28 U.S.C.A. following section 723c, requires, within ten days after the service of the last pleading directed to the issue. The last pleading, appellee’s answer, was served on July IS, 1941. Appellant’s demand for a jury was first made at pretrial, in November 1942.

By the express terms of Rule…