Cross v. Cross

Plaintiff while living with defendant, husband, brought an action for separate maintenance. Subsequently defendant counterclaimed for divorce on grounds of constructive desertion. The plaintiff answered and then filed a jury demand. When assigned out for trial the attorney for plaintiff informed the trial judge that no order had been entered denying his demand for a jury and he made it clear to the court that he had not waived or abandoned it. The trial judge in conversation with the attorney for defendant, directed that the record show that the latter would prepare and present to the…