Kelley v. Mashburn

MERRILL, Justice.

This is an original mandamus proceeding in this court to require the circuit court to set aside its order striking petitioner’s de mand for a jury trial and to require that court to restore the cause to the law side of the court.

Petitioner, plaintiff below, filed an ejectment suit against the City of Bay Minette and demanded a trial by jury. The defendant City filed a petition to transfer the cause to equity, alleging that paving assessments had been made against the property of plaintiff; that it had liens for these assessments, and that the cause should be transferred to…