Washington County Insurance v. Wilkinson

CHESNUT, District Judge.

The matter presently before the court is on the motion of the defendant for a jury trial which was not prayed for by either the plaintiff or the defendant until long after the filing of the last pleading in the case. The ground for the motion is stated to be inadvertence on the part of defendant’s counsel. The nature of the inadvertence is stated in affidavits of three members or associates of the law firm representing the defendant. The affidavits do not show surprise or anything in the nature of estoppel against the plaintiff. The point made is that the inadvertence…