State Ex Rel. Symms v. Thirteenth Judicial District of the State of Idaho

SMITH, Justice.

Plaintiff commenced this original mandamus and prohibition proceeding, seeking to compel defendants to grant a jury trial and to restrain them from proceeding to trial without a jury of two certain condemnation actions.

Plaintiff filed the actions pursuant to I.C., Tit. 7, Chap. 7, in the Franklin County District Court; one on February 11, 1965, against Gloyd L. Bennett and Geraldine S. Bennett, his wife, Banker’s Life Company, an Iowa corporation, and The United States pf America, being Case No. 2877, referred to as the Bennett case; and the other on March 24, 1965, against…