N.J. Constitutional Convention: Vol. 4, Page 709


Judge Lupe's reply:

Superior Court of Cook County Judge John J. Lupe In Chambers Chicago 

May 5, 1947
 Mr. Sherwood K. Platt Attorney at Law, Continental Illinois Bank Bldg. Chicago, Illinois

Dear Sherwood:

Your letter of May 2nd is received, relative to my opinion in regard to the chancery and law practice in this State.

The answers to your numbered questions are as follows:

No. 1 - The Circuit and Superior Judges Association of Illinois, at their last Conference held in Chicago in February of this year, decided that it would be better to abolish the technical distinction between chancery and law; however, I personally believe there should be a distinction between law and equity because the rules of procedure as they now stand in Illinois are somewhat different with reference to each branch and until they are changed there should be a distinction between them.

No. 2 - Yes.

No. 3 - In this State a person may file one or more counts in law as well as in equity in the same complaint. After issue is joined on both the law and equity counts it is our practice to first try the chancery matters with the view to probably eliminating the need of trying the law matters; however, if it is felt the trial of the law matters first will accomplish the same result, they are tried first. Law and equity matters are not tried at the same time.

No. 5 - I believe this question answers the reason why both law and equity cannot be tried at the same time. In law cases one is entitled to a jury trial and in equity there is no trial by jury, except as provided by statute in particular types of equity cases such as divorce cases and will contests.

No. 6 - If law counts are being tried by a jury all questions of fact are submitted to the jury. In equity matters where jury trials are permitted all questions of fact under the equitable counts are submitted to the jury.

No. 7 - In Cook County there are twenty (20) Circuit Judges and twenty-eight (28) Superior Court Judges. In the beginning of the court year in September certain judges are assigned to common law jury calendars, one judge is assigned to the nonjury calendar, and

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