Petty Et Ux. v. Clark

I concur but I think in respect to the question of the right of a jury trial in cases involving equitable and legal issues this decision overrules a line of cases in this jurisdiction of long standing without so much as mentioning them. Unless some consideration is given to those cases in connection with this case, the result will be confusing.

I first consider the cross assignments of the respondent because a cross assignment in effect says:

“Even though appellant prevails in any assignment which would warrant reversal, the court committed such error, which if not committed would,…