M. Spiegel & Sons Oil Corp. v. Tallering

'This is a motion by the plaintiff to vacate the defendant’s jury demand.

The plaintiff contends that since the defendant interposed an equitable counterclaim, the defendant waived his right to a jury trial.

The defendant contends that section 1303 of the Uniform District ;Court Act does not limit the trial by jury to actions at law. Section 1303 reads as follows: “ (a) Either party after *463joinder of issue may demand a trial by jury, etc The defendant further contends that if it was the intention of the Legislature to restrict this provision they would have so provided.

The defendant’s position…