Murray v. District Court

This original proceeding seeks relief in the nature of prohibition pursuant to C.A.R. 21. We issued a rule to show cause and now discharge the rule.

The primary issue is whether the petitioners are entitled to a jury trial. This proceeding seeks to prohibit the trial judge from proceeding to trial without a jury. In our view, the petitioners were not entitled to a jury trial on the factual issues which are now presented in this case. C.R.C.P. 38(a) and (b).

The history behind this civil action and a review of the record forces us to conclude that the request for a jury trial was properly denied…