STONE v. I.E. MILLER AND SONS

No. 7931.

227 So.2d 769 (1969)

Henry L. STONE v. I. E. MILLER AND SONS et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 17, 1969.

Writ Refused January 20, 1970.


Attorney(s) appearing for the Case

Terry E. Theriot, of Domengeaux, Wright & Bienvenu, Lafayette, for relator.

Francis Weller, of Deutsch, Kerrigan & Stiles, New Orleans, John Allen Bernard, of Davidson, Meaux, Onebane & Donohoe, Lafayette, for respondents.

Before LANDRY, SARTAIN and ELLIS, JJ.


LANDRY, Judge.

Plaintiff, in this action for damages for personal injuries, seeks certiorari and mandamus to set aside a judgment of the trial court excepting two of six alleged solidary obligors from a prior order granting trial by jury. We find the lower court erred in this respect and order the two excluded defendants amenable to jury trial.

The pivotal issue is whether plaintiff timely applied for a jury trial as to the defendants concerned.

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