Gruskin v. New York Life Ins.

GIBSON, District Judge.

The above entitled case was transferred from a Pennsylvania State Court. The plaintiff’s reply, the last pleading, was filed on March 1, 1939. No demand for a jury trial was made, but on May 10, 1939, more than two months after the last pleading, plaintiff’s counsel presented a motion for an order placing the case upon the Jury Trial List. The inadvertence of counsel was alleged as the cause of the delay in the demand, the inadvertence being due largely to the fact that the action had been begun in a State Court in which the right of trial by jury existed without demand…