Kapitzke v. Mills Co.

Connecticut Superior Court

Kapitzke v. Mills Co.

7 Conn. Super. Ct. 46

Procedural entryThis page is a short order in Kapitzke v. Mills Co.. Read the opinion of the Court — 6 Conn. Super. Ct. 418 →

Connecticut Superior Court·Decided February 15, 1939·No. File No. 55579·Published

Opinion

The action set forth in the complaint is based on the plaintiff's claimed right of an accounting and a money judgment as incident thereto. These and further allegations in the complaint are evidently designed to set up a fiduciary relationship between the plaintiff and the defendants, and to seek the relief prayed for on the basis of such relationship. *Page 47

Thus is pleaded a cause or causes of action "properly cognizable in equity" prior to 1880. Bristol vs. Pitchard, 81 Conn. 451. Under these circumstances a jury trial is a matter of the court's discretion, which should be exercised to promote the most expeditious disposition of the cause consistent with a legal and just determination of the issues presented.

In the opinion of the court, after a review of the pleadings, this result is more likely to follow from a court trial than by a trial by a jury.

For the foregoing reasons the motion as made is granted and the case is hereby ordered stricken from the jury docket.

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The action set forth in the complaint is based on the plaintiff's claimed right of an accounting and a money judgment as incident thereto. These and further allegations in the complaint are evidently designed to set up a fiduciary relationship between the plaintiff and the defendants, and to seek the relief prayed for on the basis of such relationship. *Page 47

Thus is pleaded a cause or causes of action "properly cognizable in equity" prior to 1880. Bristol vs. Pitchard, 81 Conn. 451. Under these circumstances a jury trial is a matter of the court's discretion, which should be exercised to promote the most expeditious disposition of the cause consistent with a legal and just determination of the issues presented.

In the opinion of the court, after a review of the pleadings, this result is more likely to follow from a court trial than by a trial by a jury.

For the foregoing reasons the motion as made is granted and the case is hereby ordered stricken from the jury docket.

Kapitzke v. Mills Co., 7 Conn. Super. Ct. 46 (Colo. Ct. App. 1939).

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Opinion

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