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Nelson v. American Nat. Bank & Trust Co.

United States District Court, E.D. Tennessee, Northern Division
Jan 12, 1950
9 F.R.D. 680 (E.D. Tenn. 1950)

Opinion

         Suit by Violet M. Nelson against the American National Bank & Trust Company and others in the initial pleadings in the state court, plaintiff made a demand for a trial by jury and the defendant after removal moved to strike the demand for a jury trial.

         The District Court, Leslie R. Darr, C. J., held that no demand for a jury trial had been made since removal which was necessary and that the defendant's motion would be treated as a motion to strike the case from the jury calendar.

         Motion to strike case from jury calendar allowed.

          Atchley & Atchley, Chattanooga, Tenn., for plaintiff.

          Frazier, Roberts & Weill, Chattanooga, Tenn., for defendants.


          DARR, Chief Judge.

         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.


Summaries of

Nelson v. American Nat. Bank & Trust Co.

United States District Court, E.D. Tennessee, Northern Division
Jan 12, 1950
9 F.R.D. 680 (E.D. Tenn. 1950)
Case details for

Nelson v. American Nat. Bank & Trust Co.

Case Details

Full title:NELSON v. AMERICAN NAT. BANK & TRUST CO. et al.

Court:United States District Court, E.D. Tennessee, Northern Division

Date published: Jan 12, 1950

Citations

9 F.R.D. 680 (E.D. Tenn. 1950)