Dodd v. Dodd

Undercofler, Justice.

This is an appeal from the denial of a motion to set aside a divorce decree. The sole issue is whether the trial court erred in hearing the divorce case without a jury when the appellant had on file at the time of trial a written demand for a jury trial. The certificate of the trial judge shows that appellant’s counsel stated in open court that he was withdrawing his demand for trial by jury and would allow the case to be tried and determined by the judge without the intervention of a jury. Appellant’s counsel was present at the time of the trial. These facts are admitted…