The motion here was for decision of the court and not a jury. State v. Civil Court, 137 Fla. 167, 188 So. 96; 27 Words Phrases, Perm. Ed., 688; 32 Words Phrases, Perm.Ed., 474; Harmon v. Jenks, 84 Ala. 74, 4 So. 260; Mann Lbr. Co. v. Bailey Iron Wks., 156 Ala. 598, 47 So. 325; Rich v. Thornton, 69 Ala. 473; Drakford v. Turk, 75 Ala. 339; Watson v. Auerbash, 57 Ala. 353; Adair v. Stone, 81 Ala. 113, 116, 1 So. 768; Cassady v. Williams, 234 Ala. 299, 174 So. 485; Melvin v. Scowley, 213 Ala. 414, 104 So. 817. Garnishment proceedings in aid of a pending suit, though ancillary thereto, are an independent procedure, the success or failure of which has no effect upon the main suit and to which separate and distinct pleadings are required by statute to be filed. Code 1940, Tit. 7, § 995 et seq., § 845 et seq. Trial by jury must be expressly demanded in manner and form required by statute, otherwise it is deemed waived. Code, Tit. 7, §§ 260, 265; Robinson v. Newton Gro. Co., 200 Ala. 528, 76 So. 854; Houston v. Smith, 25 Ala. App. 76, 141 So. 264; Eidson v. McDaniel, 216 Ala. 610, 114 So. 204.
"Generally, `motions' as distinguished from pleas are addressed to some discretionary matter upon which Court's action is requested or to some defect on the face of the record." State ex rel Schenley Distributors v. Civil Court of Record of Duval County, 188 So. 96, 98, 137 Fla. 167. Words and Phrases, Vol. 27A, p. 352. The same distinction between pleadings and motions is made in our rules of civil procedure, Rule TR. 7(A) and (B).