McKnight v. Mutual Broadcasting System, Inc.

KNOX, Chief Judge.

This action involves multiple defendants. Plaintiff’s demand for a jury trial was made within ten days of one defendant’s answer, but over ten days after the answers of the other two defendants.

Federal Rule 38, 28 U.S.C.A., requires that a jury demand be made “not later than 10 days after the service of the last pleading” directed to the issue on which the jury trial is sought. This is somewhat ambiguous in the situation of multiple defendants involving multiple answers filed at different times. Under this rule, the demand in this action was timely as to defendant Herbert C.…