25 Kan. 67 | Kan. | 1881
The opinion of the court was delivered by
This was an action brought by Mary E. Allen against Michael Sword, to perpetually enjoin the defendant from destroying or injuring or in any manner interfering with a certain mill-dam. Judgment was rendered in the court below in favor of the plaintiff and against the defendant; and the defendant now seeks a reversal of such judgment by petition in error in this court. He presents (wo principal questions in this court: First, Was the petition of the plaintiff below sufficient? Second, Was the defendant below entitled to a jury trial? We shall discuss these questions in their order.
I. It is claimed that the petition of the plaintiff below is insufficient because it simply asks for an injunction to restrain
II. We do not think that the defendant was entitled to a jury trial, as a matter of right. This was not an action “for the recovery of money, or of specific real or personal property;” and a party is not entitled to a jury trial in any other kind of action. (Civil Code, §§266, 267.)
The judgment of the court below will be affirmed.