Rowe

delivered the opinion of the Court.

This cause was called on for trial in the District Court, Fourth District, and the parties being ready, the jury sworn and empaneled to try the same, the Court, upon the suggestion of the defendants’ counsel, directed that special issues of the material facts in the case, should be framed or settled, and stated in writing, before proceeding with the trial. To this the plaintiff’s counsel excepted, and insisted upon proceeding with the trial upon all the issues of facts as presented by the pleadings. An application is now made to this Court for an order or mandate, requiring the Court below to proceed with the trial in the manner insisted on by the plaintiff. The record in the cause discloses that this suit was brought in the * nature of a proceeding [7] in chancery, to obtain certain equitable relief demanded, and the answer sets up cross-claims in equity, in the nature of a cross bill in chancery; the issues involved are consequently complicated, and of more or less materiality, and comprehend questions both of law and equity, as well as of facts. This Court has heretofore decided that the Constitution of the State recognizes a distinction…