Leopold v. Bertram

BARKDULL, Chief Judge.

In 1971 the petitioners were named as defendants in a five-count action instituted in the circuit court. No demand for jury trial was made in the original complaint; no demand for jury trial was contained in the original responsive pleadings.1 The plaintiff then amended its complaint by adding Count 6, naming a new party-defendant. As to the original defendants, the issues remained the same. Thereafter, the original defendants sought to have the matter placed on the jury docket; the trial judge denied the request. This certiorari was presented, contending that the trial…