Lust v. Farmers' Bank & Savings Co.

The sole question presented by this record is whether or not this action was appealable.

The solution of the problem whether the case is at law or in equity depends upon the pleadings and the issue tendered, and whether the remedy sought is one in which courts of chancery do and have been accustomed to exercise jurisdiction. To state the matter concisely, we think the question must turn upon the point whether or not the answer sets up such equitable cross-demands and seeks such affirmative relief as to make the case one in equity rather than at law.

It is to be noted that the second defense…