Prehle v. Graeme

Motion is granted to the extent of permitting defendant to serve and file a demand for a jury trial nunc pro tunc for the October, 1945, term. Upon payment of the necessary jury fee the clerk is directed to transfer the above-entitled action from the nonjury calendar to the jury calendar of this court.

The situation presented in this case is such as to bring it clearly within the provisions of the 1945 amendment (ch. 264) to subdivision 5 of section 426 of the Civil Practice Act. This amendment was designed expressly to confer power upon the court to relieve a party from a waiver of a jury…