State Ex Rel. Word v. District Court

This is an original proceeding for an appropriate writ seeking to set aside an order of the respondent court setting case No. 15,862 in the respondent court for trial as an equity ease and prohibiting the respondent court from proceeding with the trial thereof without a jury. Case No. 15,862 has heretofore been before this court, and it was held by this court that the complaint was good as against the general demurrer. (Word v. Union Bank & Trust Co., 111 Mont. 279, 107 Pac. (2d) 1083.) The sole question for our consideration is whether the action is one in equity or at law. If the action is…