Putman & Norman, Inc. v. Levee

DORE, Judge.

Plaintiff-corporation sued defendant herein for a money judgment; defendant answered and prayed for a trial by jury.

The first jury trial ended in a mistrial and the jury was dismissed. Upon the case being refixed, the defendant objected to the trial of the cause by the judge for the reason that he had formerly prayed for a trial by jury. His objections were overruled, and defendant applied for writs of mandamus and cer-tiorari commanding the lower court to grant hjm a trial by jury.

This court decided that the ruling of the court was correct; whereupon the defendant applied to the…