Proctor v. Garrison

INGRAM, Presiding Judge.

On April 21, 1989, Donald R. Proctor (defendant) was served with a summons and complaint filed by James D. Garrison (plaintiff). The defendant answered with a *1209general denial, in which he demanded a jury trial. However, the defendant failed to pay to the clerk of the court the cost of a jury demand, as provided in § 12-19-71, Ala.Code 1975, at the time of filing. Consequently, in October 1989, the case was docketed for a nonjury trial on January 4, 1990. On January 3, 1990, the defendant, after learning that the jury demand fee had not been paid, tendered the fee to the…