Jaynes v. Marrow

*139The case in the trial court was one to recover attorney fees. The matter was tried to a jury over the objections of the plaintiff and the sole question before this court on review is whether it was error for the trial court to grant a jury trial under the facts hereinafter recited.

The parties appeared in the trial court in the same order they appear in this court, and we will refer to them by name.

When the original complaint and answer were filed neither party made demand for a jury trial in accordance with Rule 38, R.C.P. Colo. More than a year later, and shortly before the trial of the…