GUILBEAU v. MIRES

No. 51847.

263 So.2d 903 (1972)

262 La. 596

Rene GUILBEAU et al., Plaintiffs-Appellants-Relators, v. A. Harold MIRES et al., Defendants-Appellees-Respondents.

Supreme Court of Louisiana.

June 29, 1972.


Attorney(s) appearing for the Case

McBride & Brewster, Robert R. McBride, Lafayette, for plaintiffs-applicants.

Brame, Stewart & Bergstedt, Joe A. Brame, Lake Charles, for defendants-respondents.


TATE, Justice.

This is a wrongful death action. The sole issue before us is whether the plaintiffs are entitled to a trial by jury.

Article 18 of the plaintiffs' petition alleged: "Petitioners desire a trial by jury." The previous courts held that, in the absence of a prayer (additionally) requesting such relief, the plaintiffs had not made a demand for such relief as required by La. C.C.P. Art. 1732, 252 So.2d 174 (La.App...

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