Krussman v. Omaha Woodmen Life Ins. Soc.

CAVANAH, District Judge.

The plaintiff moves for an order setting aside a waiver of trial by jury and ordering a trial by jury.

After the answer was filed, no demand for jury was made either by plaintiff or defendant, within the ten days provided by rule 38, subdivision (b), 28 U.S.C.A. following section 723c.

It is urged by plaintiff that he intended to demand trial by jury and failed to do so by reason of oversight of his attorney, and that the case is one that should be tried by jury and that the defendant cannot be prejudiced by ordering the waiver set aside.

There does not appear in the…