Scherling v. Kilgore

RAPER, Chief Justice.

This appeal has as its central issue a question concerning a party’s right to jury trial under Rules 38 and 39, W.R.C.P., where demand for jury is untimely made. The district court denied plaintiffs’-appel lants’ motion for jury trial which was made approximately one year and 75 days after the service of the last pleading. After trial to the court, the district judge made findings of fact and conclusions of law and entered judgment in favor of the defendants-appellees. Several questions are also raised concerning the sufficiency of the evidence to sustain the findings of…