McNary v. Carlton

I respectfully dissent.

The calling of an advisory jury in an equity case is a matter within the trial court’s discretion. McCullough v. McCullough, 31 Mo. 226 (1860). And when such a jury is used, its verdict is not binding on the court. We have stated that “Equity cases are rarely tried to a jury. And in those rare instances where an issue is submitted to a jury the verdict is advisory only. The court may accept or reject the verdict and, if accepted, it is the court’s own finding on the fact issue rather than that of the jury.” Edwards v. Maples, 388 S.W.2d 850, 852 (Mo.1965). Contrary to…