Bates v. Comstock Realty

In Bates v. Comstock Realty, 306 Mo. 312, 267 S.W. 641 (Mo. 1924), the Court rejected a contention that an action on a special tax bill was not triable by jury because such proceedings were unknown at the common law. "The right of trial by jury as it existed at common law," the Court said, "may well include the right to such a trial not only in common law action, so called, but those of like nature in which that mode of trial is appropriate." Id. 267 S.W. at 644. The question is whether the proceeding "is analogous to an action at common law, or whether it in the nature of a suit in equity." Id.