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EVANS FINANCIAL CORP. v. STRASSER

No. 14802.

664 P.2d 986 (1983)

99 N.M. 788

EVANS FINANCIAL CORPORATION, a Washington corporation, Plaintiff-Appellee Counter-Defendant, v. Paul STRASSER and Eliza Paiz, Defendants-Appellants Counter-Plaintiffs, v. EVANS PRODUCTS COMPANY, and its division, Capp Homes, Additional Counter-Defendants.

Supreme Court of New Mexico.

June 16, 1983.

Attorney(s) appearing for the Case

Ronald C. Morgan, Albuquerque, for defendants-appellants, counter-plaintiffs.

Sutin, Thayer & Browne, Phillip R. Schichtel, Albuquerque, for plaintiff-appellee, counter-defendant.

OPINION

STOWERS, Justice.

This matter is before this Court upon certification from the Court of Appeals pursuant to Section 34-5-14(C), N.M.S.A. 1978 (Repl.Pamp. 1981). The question certified to this Court is whether parties to a suit in equity have a right to a jury trial when their counterclaim involves legal issues. In our opinion they do.

The issue presented in this case arose in the following manner...

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