1. COURTS — Courts of Appellate Jurisdiction — Mandamus — Judicial Discretion of Court of General Jurisdiction Not Controlled. — The Supreme Court will not by mandate control the judicial discretion of a court of general jurisdiction. p. 441.
2. COURTS — Courts of Appellate Jurisdiction — Mandamus — Trial by Jury Not Compelled — Judicial Discretion Involved. — Since the determination of whether a cause is triable by the court or by jury, under the provisions of the statute pertaining thereto, requires an examination of the pleadings and the issues and an application of legal principles to determine whether or not the issues presented would have been of exclusive equitable jurisdiction prior to June 18, 1852, and the discretion exercised by the trial judge in determining the question is judicial in nature, the Supreme Court will not mandate the trial court to grant a jury trial in a cause pending before it. p. 441.
PER CURIAM.
This is an original action in which the relator seeks an order mandating the respondent to grant a trial by jury in a cause pending.
This court will not by mandate control the judicial discretion of a court of general jurisdiction. The determination of whether a cause is triable by the court or by a jury, under § 1, 2. 2-1204, Burns' 1933, § 186, Baldwin's 1934, requires an examination of the pleadings and the issues and an application of legal principles to determine whether or not the issues presented would have been of exclusive equitable jurisdiction prior to the 18th day of June, 1852. As indicating the judicial nature of the discretion exercised by the trial judge in determining this question, see Field v. Brown et al. (1896), 146 Ind. 293, 45 N.E. 464.
Petition denied.
NOTE. — Reported in 39 N.E.2d 439.