Carlson v. City of Marshalltown

I. The action was brought at law and is submitted to this court as one at law. After the taking of evidence was concluded plaintiff filed amendment to his petition invoking the equitable jurisdiction of the court “and subject to the claims made in its petition and without in any manner waiving the same * * * (a) that this court assume jurisdiction and equitable control over each of the funds in question,” etc. There was no motion to transfer the suit as a whole or any issue to equity. Plaintiff moved to re-open the case. Defendant resisted and filed motion- to strike amendment. It does not…