KELLEY v. MASHBURN

1 Div. 621.

236 So.2d 326 (1970)

Ex parte Lonzo W. KELLEY v. Telfair J. MASHBURN, as Judge, etc.

Supreme Court of Alabama.

May 28, 1970.


Attorney(s) appearing for the Case

Wilters & Brantley, Bay Minette, for petitioner.

J. B. Blackburn, Bay Minette, for respondent.


MERRILL, Justice.

This is an original mandamus proceeding in this court to require the circuit court to set aside its order striking petitioner's demand for a jury trial and to require that court to restore the cause to the law side of the court.

Petitioner, plaintiff below, filed an ejectment suit against the City of Bay Minette and demanded a trial by jury. The defendant City filed a petition to transfer the cause to equity, alleging that paving assessments...

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