Russell v. Paine

Citations

• 45 Ill. 350

Syllabus

<p>1. Chancery—eases in—when issues of fact should he tried by a jury. In suits in chancery, where the evidence is contradictory, and of such character as to .render it a difficult task to arrive at any definite conclusion concerning the merits of the case, the court should require the issues of fact to be determined by a jury.</p> <p>2. Same—when court may require issues to be tried by a jury. It is within the discretion of the chancellor, to require the issues of fact arising in equity cases, to be tried by a jury at any time before decree.</p>