McIntyre v. Carroll

The defendant contends that his demurrer to the complaint presents for determination whether, if attempting to state a cause for equitable relief, the complaint must be held bad because showing on its face there is adequate remedy at law; further, that a defendant is entitled to have distinctly ascertained by the ruling upon such a demurrer whether the action be one in equity or one at law. This, so that if held to be the latter, the constitutional right to a trial by jury may be properly preserved, and, in case of a ruling that the cause be in equity, and such ruling is deemed error, the…