Schloemer v. Uhlenhopp

Plaintiff on appeal makes two contentions : 1, That Rule 177 of our Rules of Civil Procedure is repugnant to and in violation of his constitutional right to a trial by jury; and 2, that -under the Rule as amended his motion for jury trial should have been sustained.

Appellee has filed no brief, apparently unconcerned as to the result of the appeal. This is understandable perhaps, in view of the nature of the action, but is unfair to the trial court which sustained his contention and to this court, unfortunately confronted by the duty of making* a right decision, unaided by an appellee’s, brief…