Whitton Automotive Parts Co. v. Yale Electric Corp.

This is a motion to have the above-entitled action stricken from the,jury calendar of this court upon which it was placed by the plaintiff. The defendant claims that the right to a jury trial has been waived and that raises the issue to be decided upon this motion. It was on January 29, 1930, that a notice of trial for the March, 1930, term was served upon the defendants dated January 27, 1930. No demand for a jury trial accompanied or was served with this said notice of trial. On February 6, 1930, papers were served upon the defendant: (1) A notice purporting to withdraw the said notice of…