Krasner v. Croswell

The court erred in refusing the defendant’s demand for a trial by jury. Section 39 of the act of 1913 (Ga. L. 1913, pp. 145, 165), creating the Municipal Court of Atlanta, provides in part: “The defendant in such action may file a written demand for a trial by jury on or before the day upon which he is required to appear in court in response to said proceeding and upon such defendant’s failure thereupon to demand a trial by jury, he will be held to have waived the same.”

In the case sub judice, the tender to the marshal of the counter-affidavit of the defendant was not an appearance in court…