Ex parte Spence

LAWSON, Justice.

This is an original petition to this court by J. R. Spence for a writ of mandamus to the Plonorable Allen D. Rushton, as a special judge of the Circuit Court of Jefferson County, in Equity, commanding him to vacate and set aside an order or decree overruling Spence’s motion to strike a demand for jury trial.

The demand was filed by Wylam Presbyterian Church in a mechanic’s lien suit instituted in the Circuit Court of Jefferson County, in Equity, on March 6, 1959, by Spence against Wylam Presbyterian Church, a corporation, as owner of the property on which the mechanic’s lien…