Merchants Fire Assurance Corp. v. Watson

I think the court erred in not granting to the defendant the right to have the cause tried by a jury. When the case was called for trial all of the equitable issues in the case stood admitted. The only controverted issues were those relating to the counterclaim. The counterclaim was obviously one presenting facts in an action at law rather than in equity. An identical case is that of Lehman v. Coulter, 40 N.D. 177, 168 N.W. 724, where the court said: "Where one brings an action to foreclose a chattel mortgage, and the answer admits all the allegations of the complaint, all of the equity…