APPEAL AND ERROR-UNION OF LAW AND EQUITY-APPEALABILITY OF ORDER DENYING DEMAND FOR JURY TRIAL

Authors

Earl R. Boonstra S. Ed., University of Michigan Law SchoolFollow

Abstract

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying the motion is appealable, if at all, only as an interlocutory decree granting or refusing an injunction under §129 of the Judicial Code. But §129 is not applicable because the denial of a demand for jury trial is simply a determination as to the manner in which the court will try one issue in a civil action pending before it. City of Morgantown, West Virginia v. Royal Insurance Co. Ltd., 337 U.S. 254, 69 S.Ct. 1067 (1949).

Recommended Citation

Earl R. Boonstra S. Ed., APPEAL AND ERROR-UNION OF LAW AND EQUITY-APPEALABILITY OF ORDER DENYING DEMAND FOR JURY TRIAL, 48 Mich. L. Rev. 358 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss3/8