Barker v. Breslin

CLAY, Commissioner.

This is a petition for an order of prohibition and mandamus to require respondent, Hon. John A. Breslin, Jr., as circuit judge, to permit petitioners to have a jury trial in a case now pending before him.

This is a libel suit. It was called for trial before a jury. After eight days of oral testimony, the court on its own initiative, and under the provisions of CR 39.01 (3), discharged the jury and continued the case for trial before the court. The basis of this ruling was that the trial had developed “such a great detail of facts” and “involvement of myriad rights and…