Legal Opinion
McKnight v. Dyer
District Court, N.D. Mississippi
Decided January 2, 1973No. EC 71-32-SPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
This action is before the court on plaintiff's request for a jury trial on all issues, filed November 3, 1972. Rule 38(b), F.R.Civ.P. provides in pertinent part that “Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.” Plaintiff’s request was not timely filed.
Rule 38(b) provides that a demand for a trial by jury…
2Cases cited2 opinions
- Roth v. HyerCourt of Appeals for the Fifth Circuit · 1944
- State v. HurstDistrict Court, N.D. Mississippi · 1966
3Cited by2 opinions
- Rosen v. DickCourt of Appeals for the Second Circuit · 1980
- Irving M. Rosen, Trustee in Reorganization of Bermec Corporation, Plaintiff v. Lynda Dick, of the Estate of Jack R. Dick, Deceased, Herman L. Meckler, Herbert R. Degnan, John Doe I and John Doe II as Executors or Administrators of the Estate of Bernard Kaye and Audrey Kaye, Deceased, Robert D. Byrnes, Jerome S. Katzin, Hal A. Kroeger, Thibaut Desaint Phalle, Charles H. Harff, Chadbourne, Parke, Whiteside & Wolff, Joseph Bonura, Peat, Marwick, Mitchell & Co., Arthur Andersen & Co. And Empire National Bank, Arthur Andersen & Co., and Third-Party v. Aristocrat Angus Ranch, Ben R. Houston, and Charles D. Alexander, Third-PartyCourt of Appeals for the Second Circuit · 1981