Whenever an action brought to recover damages and also to obtain equitable relief has been placed upon the docket as a jury case, the determination of the equitable issues raised by the pleadings shall not prevent a jury trial of the claim for damages, unless both parties agree in writing to waive a jury, or unless the determination of the equitable issues has necessarily adjudicated all the facts upon which the claim for damages rests.
(1949 Rev., S. 7938; P.A. 82-160, S. 107.)
History: P.A. 82-160 made minor changes in wording.
Former practice. 73 C. 486. Applied to creditor's bill; 78 C. 595; where relief is sought against person making and person receiving fraudulent assignment. 83 C. 112; 100 C. 718. Cited. 97 C. 719. Applied and explained. 100 C. 248. Defendant filing cross complaint in foreclosure action, raising some legal issues, not entitled to jury trial as of right. 130 C. 211. Cited. 134 C. 333. Where essential right asserted in cross complaint is equitable in its nature, and claim for damages is merely supplemental to equitable relief sought, plaintiff had no right to a jury trial. 135 C. 558. Cited. 223 C. 419; 227 C. 175.
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