Codes do not abolish the essential distinctions between legal and equitable rights and relief, but merely assimilate the processes by which such rights are asserted and such relief obtained.3

"The American jurisdictions may be grouped with respect to their systems of equity administration with practical accuracy into three classes: In the first class equity is administered by courts distinct from those administering the common law. In these the procedure is based upon that of the English high court of chancery, modified to a greater or less extent by statutes and rules of court. In the second class jurisdiction of cases at law and in equity is vested in the same courts, but the procedure is kept distinct and is in general the same as in the first class. This general system of procedure in force in the first and second classes of jurisdiction is that specially treated in this article. In the third class fall those states where law and equity are administered by the same court, and where codes or practice acts abolish the distinctions in procedure." 4

3 16 Cyc, 24.

4 16 Cyc, 24, where the existing state of the law on this subject in each State is given