Stone v. Miller & Sons

LANDRY, Judge.

Plaintiff, in this action for damages for personal injuries, seeks certiorari and mandamus to set aside a judgment of the trial court excepting two of six alleged solidary obligors from a prior order granting trial by jury. We find the lower court erred in this respect and order the two excluded defendants amenable to jury trial.

The pivotal issue is whether plaintiff timely applied for a jury trial as to the defendants concerned.

On April 3, 1967, plaintiff filed suit against I. E. Miller and Sons, I. E. Miller, Lonny Smith, John Doe, John Doe Insurance Company and Patterson…