Nordin v. Coulton

The plaintiff contends that this is a chancery case and that therefore the Court of Appeals was in error in refusing a retrial on questions of law and fact.

It is of course true that the plaintiff’s third cause of action sounds in chancery, since the foreclosure of a mechanic’s lien is sought. However, the first two causes of action are conceded to be purely legal in their nature. Nothing but a simple, personal judgment for money only is involved. This is the primary or paramount relief asked by the plaintiff. Until he is found entitled to a judgment in some amount, no foreclosure can be had.…