Rupp v. Cool

Cool, a practicing attorney, brought this action against his former client, Rupp. The case was commenced in the county court. There, neither party requested a jury. On trial to the court Rupp suffered an adverse judgment and promptly appealed to the district court where, on lodging the record of the county court and simultaneously therewith, he filed his written demand for a jury trial.

In his complaint Cool alleged that in 1955 he was employed by Rupp to act as his attorney; that pursuant to said employment he rendered the required services, and on completion thereof, on or about September 1,…