Ewart-Brewer Motor Co. v. Cunningham

It is thoroughly well settled under our present statute (section 8597, Code 1923; Gen. Acts 1915, pp. 939, 940) that, when the plaintiff has indorsed upon his summons and complaint a demand for trial by jury, he cannot thereafter withdraw his demand or waive trial by jury without the consent of the defendant, and that this applies to the ascertainment of damages on a writ of inquiry after a judgment by default. Ex parte Florida Nursery & Trading Co., 201 Ala. 97, 77 So. 391; Hartford Fire Ins. Co. v. Bannister, 201 Ala. 681, 79 So. 253; Prudential Casualty Co. v. Kerr, 202 Ala. 259, 80 So. 97.