not    till    then,    shall    we    have    one  "An  issue  of  law,  inanv  action

homogenous  form  of  action  for  all  and  an  issue  of  fact,  in  an  action

cases.     Has^  «ie  legislature   power  not    specified   in    the    last    section,

to   do  this?"  or    wherein    provision    for    a    trial

The    code    makes    the    following  by   a   jury   is   not   expressly   made

provision  for  trial  by  jury  and  for  by  law,  must  be  tried  by  the  court

trial  by  the  court:  unless  a   reference   or  a  jury  trial

"In   each    of   the   following   ac-  is    directed."      N.    Y.    Code    Civ.
tions,    an    issue    of    fact    must    be  Proc.   §    969.
tried    by    a    jury,    unless    a    jury  Where  an  action  is  strictly  equi-

trial  is  waived,   or   a  reference   is  table,  there  is  no  right  of  trial  by

directed:  jury,    though    the    onlv    relief    de-

1.  An  action  in  which  the  com-  nianded  is  the  recoverv  of  a  sum
plaint  demands  judgment  for  a  of  money,  Bell  v.  Merrifield,  109
sum   of  money   only.  N.  Y.  202,   (1888).
2.  An    action    of   ejectment;    for


42  Actions.  [Chap.  I.
