§ 52.138

If any complaint is so amended as to call for legal instead of equitable relief, the court shall not proceed to judgment until the defendant has had a reasonable opportunity to put the issue or issues, on which the new claim for relief may be based, on the jury docket.(1949 Rev., S. 7859.)Amendment merely changing date does not give further time in which to claim jury trial. 76 C. 680; 95 C. 576. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.