Nelson v. American Nat. Bank & Trust Co.
This text of 9 F.R.D. 680 (Nelson v. American Nat. Bank & Trust Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This suit originated in a state equity court. In the initial pleadings in that court the plaintiff made demand for a trial by a jury. Now comes the defendant, American Mutual Liability Insurance Company, and moves to strike the demand for a jury.
The demand for a jury trial in the state court has no legal effect here. No demand for a jury trial has been made since the removal, which is necessary under Rule 81(c), Federal Rules of Civil Procedure, 28 U.S.C.A. Ferris v. Farnsworth Television & Radio Corp., D.C., 8 F.R.D. 489.
The defendant’s motion will be treated as a motion to strike the case from the jury calendar and is allowed.
If appropriate issues are presented under which the plaintiff would be entitled as a matter of right to a jury trial, except for the absence of an appropriate demand for a jury, and said issues are accompanied by a request for a jury trial, consideration will be given the application.
Order accordingly.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
9 F.R.D. 680, 1950 U.S. Dist. LEXIS 4331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-american-nat-bank-trust-co-tned-1950.