Barrett v. Sterrett Operating Service, Inc.

There is a rule of the Municipal Court which provides:

“Any party entitled to a jury trial and desiring» same shall file a demand for such jury trial, signed by the party or his attorney of record.

“In Class B * * * cases * * * not later than the time for appearance of the defendant stated in the summons.”

This is a Class B case. On July 23, the return day of the summons, the plaintiff appeared before the court at 10 a. m., which was the hour named in the summons, and moved for a continuance to August 15. A few minutes thereafter counsel for defendant appeared and filed pleas to the declaration…