Gowdy v. Roberts

Where a petition contains two causes of action — one an action at law, which is triable by a jury, and the other a recognized chancery proceeding, which is triable by the court — and both causes of action are disposed of together in a single trial in the Common Pleas Court upon the issues made in the petition, the question of whether or not the case is appealable depends generally upon whether the action at law is the primary one,- the relief sought in the chancery action depending upon and being ancillary thereto,- or whether the chancery action is the principal one, the relief sought…