Supreme Court of Alabama April 16, 1925, 8 Div. 748. (Bozeman v. Dillard)

THOMAS, J.

The petition is for mandamus to the judge of the law and equity court of Franklin county, to vacate an order made on motion as to assessment of damages by the court after default when a jury was demanded.

The provisions of section -7881, Code of .1923, are specific, in that either party may have the damages assessed by a jury.