McAnulty v. Peisen

The ultimate question is whether the alleged cause of action is one triable on the law or the equity side of the court. The motions are not for the transfer of equitable issues, but are for the transfer of the cause to equity, on the ground that the plaintiffs arc in error in the kind of proceedings adopted, an error which defendants are entitled to have corrected by motion before answer, as provided in Sections 10943 to 10946, inclusive, Code of 1927.

Sections 10940 and 10941, Code of 1927, read as follows:

“10940. All forms of action are abolished, but proceedings in civil actions may be of…