Roach v. McKee

On this appeal the plaintiff insists the action is one in equity to determine adverse claims to personal property; but it is clear this is not the theory upon which the case was tried in the -lower court. When the case was called for trial, a jury was impaneled as if the issue was one which should be submitted to a jury.., At that time the plaintiff made no claim that the action was in fact an equity proceeding. Not only this, but through out the entire trial the case was treated as a jury case. The court charged the jury and at no time was any intimation given that the verdict was merely…