Ex Parte Windsor Highlands Co.

SIMPSON, Justice.

Petition for mandamus or in the alternative for a writ of prohibition to be directed to Hon. J. Russell McElroy, as Judge of the Circuit Court of Jefferson County, Alabama, to invoke a hearing on so-called motions to dissolve an ancillary writ of garnishment without the intervention of a jury.

Plaintiff sued defendant (this petitioner) on two promissory notes. In its first pleading (demurrer to the complaint) defendant duly demanded a jury and having done so, the plaintiff not waiving the right, is entitled to such a trial. Mosaic Templars of America v. Hall, 220 Ala. 305, 124…