Young v. Vail

On Motion for Rehearing.

BOTTS, J.

Appellants, by their motion for rehearing and the brief in support thereof, ask us to give further consideration to the proposition of their right to trial by jury. They say that our decision is, to use their own language:

"That the nature of the action, whether legal or ^equitable, is determined from the complaint alone — that is to say, if plaintiff files a complaint which states a cause of 'action triable in equity, nothing that may thereafter appear in the pleadings can possibly give rise to t'he trial of any controverted fact according to the course of…