Songer v. Civitas Bank

SHEPARD, Chief Justice.

Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution.

Facts and Procedural History

Appellant Stephen A. Songer is chairman of the board and chief executive officer of CentreBank of Veedersburg (Cen-treBank). He and his wife Jahn own about one-third of CentreBank's stock. Songer and Jahn also serve as directors and sole…