Carder v. Weisenburgh
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL PROM GRANT COURT OP COMMON PLEAS. The action of the court in refusing to transfer the action to the ordinary docket for a trial of the “legal issues” by jury is a reversible error, the chairccllor having no discretion. (Civil Code of Practice, sec. 12 ; Aulman & Co. v. Gibson & Co., 8 Ky.
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Case 23 — PETITION EQUITY APPEAL PROM GRANT COURT OP COMMON PLEAS. The action of the court in refusing to transfer the action to the ordinary docket for a trial of the “legal issues” by jury is a reversible error, the chairccllor having no discretion. (Civil Code of Practice, sec. 12 ; Aulman & Co. v. Gibson & Co., 8 Ky. Law Rep., 62; Meek v. McCall, 80 Ky., 871; Hill v. Phillips’ Admr., 87 Ky., 170; Walker v. Leslie,. 90 Ky., 642; Hall v. Martin, 89 Ky., 9.) 1. Section 12 of the Civil Code of Practice was not intended to confer or extend the right to demand a trial by jury in equitable…
1Opinion of the Court
CHIEH JUSTICE BENNETT
delivered tiib opinion op the court.
The appellee sued the appellants on their contract for the price of repairing and remodeling their flouring mill, and asked that a lien he declared and enforced on the-*137mill for the price; lienee the suit was brought in equity. The appellants admitted the contract to repair and remodel the mill, but claimed that the work was not done in 'a workmanlike manner, and breach of warranty as to the quality of the work, and asked damages in consequence. The appellant, before the trial in equity, moved the court to transfer the legal issues thus…
2Cases cited2 opinions
- Hill v. Phillips' Adm'rCourt of Appeals of Kentucky · 1888
- Meek v. McCallCourt of Appeals of Kentucky · 1882
3Cited by22 opinions
- Steelvest, Inc. v. Scansteel Service Center, Inc.Kentucky Supreme Court · 1995
- Winchester v. WatsonCourt of Appeals of Kentucky · 1916
- Elkhorn Land & Improvement Co. v. WallaceCourt of Appeals of Kentucky (pre-1976) · 1930
- First National Bank v. WhisenhuntSupreme Court of Arkansas · 1910
- Comingor v. Louisville Trust Co.Court of Appeals of Kentucky · 1908
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