King v. Holtam

ANDERSON, C. X

This court has several times held that, when a jury is demanded under section 8597 of the Code of 1923, the party so demanding cannot withdraw such demand without the consent of the opposite party, It has also been held that when a jury is so demanded, it is error for the court to execute a writ of inquiry without a jury, even where theré was a judgment by default. Ewart-Brewer Motor Co. v. Cunningham, 213 Ala. 391, 104 So. 789, Hartford Fire Ins. Co. v. Bannister, 201 Ala. 681, 79 So. 253. We find no case, however, holding that it is error for the judge or court to render a…