Gherman

In June 1969 plaintiffs filed suit against defendants for breach of an alleged joint venture agreement and requested that the joint venture be judicially terminated, the assets thereof be sold, and the proceeds divided. Defendants’ answer denied the existence of the joint venture. Defendants did not counterclaim or cross-complain or seek affirmative relief in the answer. Discovery ensued. A pretrial hearing was held on November 7, 1969. At the conference, plaintiffs demanded a jury trial, apparently on the theory that they were also seeking $3,000,000 in damages by reason of the breach. The case was set for trial on February 16,1970.

On February 17, 1970, the matter was assigned to Judge Margaret Morris for trial. Defendants objected to a jury trial on the ground that the action was equitable in nature; plaintiffs contended that both legal and equitable issues were involved and that they were entitled to a jury trial on the legal issues. Following an extended argument in chambers, the matter was continued to the next day to enable plaintiffs’ counsel to do further research on the jury trial issue. When court reconvened the following day, Judge Morris denied the demand…