The TRAVELERS INDEM. CO. v. Duffin

A jury trial was timely demanded by the plaintiff. Within 20 days after defendant Donald E. Duffin1 filed his answer, the plaintiff moved to strike a part of the answer,2 and within 30 days after the motion to strike was denied the plaintiff filed its reply and jury demand.3

Moreover, plaintiff’s jury demand has been treated as timely; the pretrial statement provides: “A jury trial has been demanded by plaintiff which is granted”. And even if it is thought that a jury was not timely demanded, once it is granted a trial judge may not, as the trial is about to begin, without cause, retract the…