Wood v. Turbush

Citations

• 63 Kan. 779
• 66 P. 991
• 1901 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>•Jury and Jurors — Equity Cases — Matter of Discretion. While in cases purely equitable in character a j ury trial is not demandable of right, and the better practice is not to award a jury, yet the court may, in its discretion, upon demand or upon its -own motion, call a jury to pass on any or all disputed questions of fact. The findings of the jury in such cases are advisory only, and may be set aside or adopted, in whole or in part, by the court, as the evidence may warrant, and error will not lie, unless for abuse of discretion.</p>