State ex rel. Nichols v. Cherry

This is a proceeding in mandamus, original in this court. It appears from the petition that the relator is the plaintiff in the case of George Nichols v. Oregon Short Line Railway Company, which is pending in the district court; that the .action is one at law; that on February 3, 1900, the defendant herein called the same to have it set for trial; that at the time of such setting the plaintiff appeared and in open court orally demanded a jury and paid to the clerk the “sum of $5, the amount of the jury fee required by law;” that the judge of the court then and there refused the demand of the…