Upon the application of either party, the court may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury of six.

(1949 Rev., S. 7937; 1953, S. 3179d; 1971, P.A. 40, S. 6.)

History: 1971 act deleted provision specifying that application is deemed to be a request for six-person jury unless it expressly calls for full jury of twelve, making six-person jury the rule.

Trial by jury in equitable action. 79 C. 260; 81 C. 451; 82 C. 293; 83 C. 109; 85 C. 159; 90 C. 624, 633; 98 C. 222; 100 C. 248. Methods and priority in trial of equitable and legal issues. Id. No constitutional right to demand that incidental issues of fact in equitable action be tried to jury. 113 C. 608. Cited. 117 C. 454. In equitable proceeding, general verdict usually will not serve purpose intended, which is to inform court as to facts upon which relief is to be granted; proper course in most instances is to submit interrogatories covering issues on which court in its discretion determines decision of jury will be appropriate and useful. 121 C. 649. Cited. 122 C. 512. But when general claim for jury trial of equitable action is granted, unless court later modifies order, better practice is to submit to jury all issues it may properly try. Id., 567. Court's discretion to submit legal issues to jury should be sparingly exercised. 124 C. 571. As where incidental damages asked in action in which fundamental purpose is injunctive relief. 127 C. 153. This section rather than Sec. 52-219 applies in foreclosure action where defendant files cross complaint for money damages based on entirely separate transactions. 130 C. 206. Action of court is a discretionary matter. 134 C. 329. Action for declaratory judgment is not one in equity. 135 C. 294. Cited. 148 C. 391; 182 C. 193; 189 C. 490; 197 C. 34; 223 C. 419; 230 C. 148.

Cited. 23 CA 287; 41 CA 19.

Trial of questions of fact incidental to equitable issues is discretionary with the court. 4 CS 437. Cited. 15 CS 417; 17 CS 18. Strict foreclosure, being a purely equitable action, is not triable by a jury or of right but is within discretion of court and such discretion should be exercised sparingly. 18 CS 498. Cited. 44 CS 411.