Section 4101. Issues triable by a jury revealed before trial  


Latest version.
  • In the
      following actions, the issues of fact shall be tried by a jury unless  a
      jury  trial  is  waived  or  a reference is directed under section 4317,
      except that equitable defenses  and  equitable  counterclaims  shall  be
      tried by the court:
        1. an action in which a party demands and sets forth facts which would
      permit a judgment for a sum of money only;
        2.  an action of ejectment; for dower; for waste; for abatement of and
      damages for a nuisance; to recover a chattel; or for determination of  a
      claim  to  real  property  under  article  fifteen  of the real property
      actions and proceedings law; and
        3. any other action in which a party is entitled by  the  constitution
      or by express provision of law to a trial by jury.