EX PARTE RUSH

81-439.

419 So.2d 1388 (1982)

Ex parte George S. RUSH, d/b/a Rush Engineers. In re JACKSONVILLE STATE UNIVERSITY v. George S. RUSH, d/b/a Rush Engineers.

Supreme Court of Alabama.

October 1, 1982.


Attorney(s) appearing for the Case

Thomas J. Knight, Anniston, for petitioner.

Walter J. Merrill of Merrill, Porch, Doster & Dillon, Anniston, for respondent.


ADAMS, Justice.

This petition for a writ of mandamus involves the right to a jury trial in a declaratory judgment action. Defendant, George S. Rush, d/b/a Rush Engineers, seeks to compel the Honorable Robert M. Parker, Circuit Judge, to grant his request for a jury trial made in his answer and counterclaim to the complaint. Plaintiff, Jacksonville State University, did not request a jury trial, and moved to strike defendant's request. Judge Parker granted plaintiff...

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