McBride v. Wood
McBride v. Wood
Opinion of the Court
Appellee was in exclusive possession of certain real estate, and had been for more than a year.
The only question for determination arises on the action of the court in refusing a trial by jury on'the issues presented by the first paragraph of complaint.
If the cause of action stated in the complaint had been merely for partition, either party would have been entitled to a jury trial. Kitts v. Wilson (1886), 106 Ind. 147, 5 N. E. 400. On the other hand, if the complaint had been only for the adjustment of mutual accounts, it would have been a suit of equitable cognizance, and neither party would have been entitled to a jury. Field v. Brown (1896), 146 Ind. 293, 294, 45 N. E. 464; Peden v. Cavins (1893), 134 Ind. 494, 34 N. E. 7, 39 Am. St. 276; Porter v. Mooney (1917), 64 Ind. App. 479, 116 N. E. 60; Abernathy v. Allen (1892), 132 Ind. 84, 31 N. E. 634. Appellant has voluntarily incorporated complaints for partition and for accounting in a single paragraph, and asks that all the issues thus presented be submitted to a jury. The rule is well established that, if equity has obtained jurisdiction over some portion or feature of a controversy, it will proceed to decide the whole, and award complete relief. Carmichael v. Adams (1883), 91 Ind. 526; Spidell v. Johnson (1890), 128 Ind. 235, 25 N. E. 889; Carpenter v. Willard Library (1901), 26 Ind. App. 619, 60 N. E. 365. The court, having acquired jurisdiction of the case presented by the paragraph of the complaint in
It follows that the trial court did not err in refusing to grant a trial by jury.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.