Clark v. Baker

This is an appeal from the judgment, and therefore brings before us the judgment roll alone. The only question for our consideration is that presented in the bill of exceptions, which is, whether or not the appellant, in view of the pleadings, was entitled to a trial by jury. The action was instituted to foreclose a chattel mortgage, and to obtain possession of the property mortgaged, and was consequently, so far as the complaint alone was concerned, an action both in equity, and in claim and delivery to obtain the possession of the mortgaged property. 12 Sess. Laws, p. 5, sec. 9; sec. 346,…