Monteith v. Harby

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

The plaintiffs, asserting that these two cases, the complaints in which are practically identical, are suits in equity, had them docketed on Calendar 2; the defendants thereupon, claiming that the cases are actions at law, applied for an order transferring them to Calendar 1. Judge Gaston, who heard the matter, in granting the motion, said: “I am satisfied that this i§ not a suit in equity but that the facts alleged in the complaint are very similar to, and in certain respects identical with, the allegations in the case of…