SCHULTZ v. SUPERIOR COURT

Docket No. 21857.

143 Cal.App.2d 781 (1956)

300 P.2d 275

EVALYN SCHULTZ, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; G.H. WENDE, as Special Administrator, etc. et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division One.

August 9, 1956.


Attorney(s) appearing for the Case

Gilbert F. Wyvell and John W. Preston, Jr., for Petitioner.

Harold W. Kennedy, County Counsel, and William E. Lamoreaux, Deputy County Counsel, for Respondent.

Johnson & Bjornlie and Palmer Johnson for Real Parties in Interest.


NOURSE (Paul), J. pro tem.*

Petitioner seeks a writ of prohibition to prevent the respondent court from proceeding to try the issues of fact framed by petitioner's written opposition to the probate of the will of Alamay Smith and the answers thereto without a jury. The petitioner made written demand for a trial by jury and deposited the jury fee with the clerk, but the trial court has denied her the right to a trial by jury, holding that...

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