HIGGINS v. BARNES

No. 134, September Term, 1985.

310 Md. 532 (1987)

530 A.2d 724

MAUDE E. HIGGINS v. JAMES V. BARNES, ET UX.

Court of Appeals of Maryland.

September 11, 1987.


Attorney(s) appearing for the Case

Elwood E. Swam, Hamstead, for appellant.

Thomas F. Stansfield, Westminster, for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.


McAULIFFE, Judge.

The merger of law and equity was accomplished in this State on July 1, 1984, as a part of a comprehensive revision of the Maryland Rules of Procedure. This appeal involves the impact of that change upon the right to jury trial, and specifically the question of whether one filing a counterclaim for damages in a specific performance action may obtain a jury trial of the issues presented by the counterclaim. We shall hold that under the facts of this...

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