200 N.W. 930 | Minn. | 1924
In his complaint plaintiff asked for a judgment of $95 on account of such repairs and for a satisfaction of the chattel mortgage. When the cause was reached for trial, counsel for defendant stated to the court: "I believe my client is entitled to a jury trial." The court ruled against him. The sole assignment of error is that the court erred in its order denying a new trial and refusing defendant a jury trial. *520
Under our Constitution and statutes, the only actions triable to a jury, as a matter of right, are those "for the recovery of money only, or of specific real or personal property, or for a divorce on the ground of adultery." Section 7792, G.S. 1913. This is not an action of either of the three kinds referred to. It is not an action for the recovery of money only, but its purpose is to recover money and annul a chattel mortgage. Defendant, therefore, was not entitled to a jury trial and the ruling of the trial court in that connection is right.
Affirmed.