Ex Parte Marcrum

This is an original petition for a writ of mandamus which raises the question of the timeliness of a jury demand.

The petitioner, Marcrum, is one of the defendants in a suit filed in the Circuit Court of Jefferson County. In that suit, the plaintiff, Nelson Weaver Realty Company, Inc., alleged that petitioner has solicited customers or prospective customers of the plaintiff in violation of an employment agreement entered into by the parties on March 18, 1974.

The complaint was filed on June 22, 1978, and sought damages and injunctive relief. It did not contain a jury demand.

The petitioner and…