Estey v. Holdren

The opinion of the court was delivered by

Dawson, J.:

This is an original proceeding in mandamus to require the presiding judge of the Montgomery county district court *386to grant a jury trial in an action pending in his court in which the petitioner herein is plaintiff and four corporations are defendants.

The verified motion for the writ makes it appear that the action in which the jury trial is demanded as a matter of right is for the recovery of a money judgment on three common-law counts:

The first pleaded the breach of a certain contract whereby four defendant corporations bound themselves to…