Schutt v. Federal Land Bank

A controversy arose in the' trial court as to whether this action was one triable by a jury under §§ 7608 and 7609, Comp. Laws 1913, or whether the action was an equitable one and properly triable, by the court without a jury. Gresens v. Martin, 27 ND 231, 145 NW 823; Avery Mfg. Co. v. Crumb, 14 ND 57, 103 NW 410. Plaintiff’s counsel contended that the action was oiíe triable to a jury and that it must be 'tried to a jury. Defendant’s counsel on the other hand contended that the case -was one properly triable to the court without a jury. The district court ruled that it was an equitable…