Ex Parte Cunningham

The plaintiff: in the court below (petitioner here), on September 8, 1922, filed his suit in the circuit court of Jefferson county in assumpsit against Ewart-. Brewer Motor Company, a corporation, ■■ claiming $1,000 damages for a breach of. warranty in the sale of an automobile, and,, as a part of the complaint served on the defendant named, noted a demand for a jury trial, as required by Acts 1915, p. 824. On November 17, 1922, there appearing no appearance or pleading on the part of defendant, plaintiff, by leave of the court, withdrew demand for a jury trial and also by leave of the court…