Cheeseman v. Shaw

Supreme Court of Alabama

Cheeseman v. Shaw

133 So. 696, 222 Ala. 661, 1931 Ala. LEXIS 305

CourtSupreme Court of Alabama

DecidedMarch 19, 1931

Docket6 Div. 828.

StatusPublished

This text of 133 So. 696 (Cheeseman v. Shaw) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheeseman v. Shaw, 133 So. 696, 222 Ala. 661, 1931 Ala. LEXIS 305 (Ala. 1931).

Pincite

Opinion

BOULDIN, J.

The sole error insisted upon is the rendition of a judgment nil dicit without the intervention of a jury and writ of inquiry.

The action is upon promissory notes with claim for “reasonable attorney’s fees,” as stipulated in the notes.

A defendant must demand a jury trial within thirty days after the perfection of service on him. Code, §§ 8595, 9498. Unless filed within time, the right of trial by jury is waived.

The record shows complaint filed February 11th. It does not show the date service of summons was perfected on defendant. No demand for a jury was filed until August 9th. Error must affirmatively appear.

Affirmed.

ANDEESON, C. J., and GAEDNEE and FOSTEE, JJ., concur.

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