(Download) "Merchants Fire Assur. Corp. v. Watson" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Merchants Fire Assur. Corp. v. Watson
- Author : Supreme Court of Montana
- Release Date : January 25, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Equity ? Hail Insurance ? Premium Secured by Lien on Crops ? Enforcement of Lien ? Counterclaim Presenting Legal Issues ? Parties not Entitled to Jury Trial ? Constitutional Law ? Pleading ? Supplemental Complaint. Pleading ? Supplemental Complaint to be Read With Original. 1. Where a supplemental complaint is made necessary by actions of the defendant after the filing of the original complaint, the two pleadings must be taken as one. Equity ? Extent of Jurisdiction ? Counterclaim Presenting Legal Issues Does not Deprive Court of Jurisdiction. 2. When a court of equity takes jurisdiction of a cause, its power to decide is full and complete, and the fact that a cross-complaint - Page 2 or a counterclaim presenting legal issues was interposed does not deprive the court of its equitable jurisdiction. Same ? Liens ? Where Statute Does not Provide for Enforcement, Suit in Equity Proper Remedy. 3. Where a statute creating a lien does not provide a remedy for its enforcement, such as a lien to secure the payment of premiums on hail insurance policies (secs. 8359-8365, Rev. Codes), a suit in equity is the proper remedy. Jury ? Right of Trial by Jury ? Constitutional Law. 4. The right of trial by jury guaranteed by section 23, Article III, Constitution, is the right as it existed at the time the Constitution was adopted; hence, since the right to a jury trial in an equity case did not exist at that time, it does not now exist. Hail Insurance ? Lien on Crops ? Foreclosure ? Counterclaim Presenting Issues at Law ? Equity ? Defendant not Entitled to Jury Trial. 5. Under the above rules, held, in an action on a promissory note given in payment of premiums on hail insurance policies, which note was secured by a lien on the crops (sec. 8359 et seq., Rev. Codes), in which action defendant interposed a counterclaim presenting issues at law, whereupon plaintiff filed a supplemental complaint in which it was asserted that defendant had agreed to a settlement of the controversy, which was denied by the latter, that the action was one in equity, and that the trial court in denying a jury trial did not err.