Davis v. Ballard

CRAWFORD, Presiding Judge, Western Section.

This case involves the constitutional right to a trial by jury. Defendant, William C. Ballard, appeals from the judgment of the trial court, sitting without a jury, that awarded a money judgment to plaintiff, Stephen Davis.

On September 26, 1991, Davis filed a complaint against Ballard for conversion of his inventory, office merchandise, cash, and other personal items. Although Ballard was apparently served with process, he did not file an Answer until March 20, 1992. Davis and Ballard both demanded a jury in their pleadings.

When the case was…