Citizen's Bank v. Will

MISER, C.

The principal question raised by this appeal is whether, as appellant contends, he is entitled under the pleadings to a jury trial. Section 2492, R. C. 1919, so far as *412material, is as follows: “An issue of law must ;be tried by the court or by the judge. An issue of fact for the recovery of money only * * * must be tried >by a jury. * * * Every other issue is triable by the court. * * * ”

The expression, “issue of fact for the recovery of money, only, or of specific real or personal property,” “covers and includes every right which might have been asserted in any ‘case at law’ under…