City of Florala v. McLeod

BOTJLDIN, X

This is %. proceeding by mandamus directed to Hon. W. L. Parks, judge of the Twelfth circuit, to require a pending cause transferred to the nonjury docket and heard by the presiding judge without a jury. The cause involved is an appeal from a local assessment on abutting property for municipal 'improvements. Code, § 2204. The petition for mandamus is rested upon two grounds: (1) That no jury is allowed on such appeal; (2) that the right of a jury trial was waived for want of demand according to law.

In City of Huntsville v. Pulley, 187 Ala. 367, 65 So. 405, this court construed…