Markworth v. State Savings Bank

-The ultimate question for our determination is, whether the alleged cause of action is triable at law or in equity. Proceedings in civil actions may be of two kinds, ordinary or equitable, and under our Statutory Law all forms of action are abolished. Section 10940, Code, 1927. Section 10941, Code, 1927, provides:

“The plaintiff may prosecute his action by equitable proceedings in all cases where courts of equity, before the adoption of this code, had jurisdiction, and must so proceed in all cases where such jurisdiction was exclusive.” (Writer’s Italics.)

“An error of the plaintiff as to the…