Maryland Casualty Co. v. Scharlack

ALLRED, District Judge.

This suit was brought February 2, 1939, by plaintiff, a Maryland corporation, against defendants, resident citizens of Texas, under the declaratory judgment law (Sec. 400, Title 28 U.S.C.A.).

The principal facts have been stipulated and submitted to the court upon briefs, with, however, the following express provisions : “That the Court shall consider that the defendants have demanded a jury and if, in the opinion of the Court there is any question of fact to be submitted to a jury, then the Court shall submit such fact issue to a jury; and in the event the Court *932shall…