Matter of Lyman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 4,, 1900, affirming an order of Special Term denying a motion of defendant for the trial of the issues herein by a jury, and appointing a referee to take and report the proofs in relation to the allegations contained in the petition. The questions certified were as follows: Eirst.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 4,, 1900, affirming an order of Special Term denying a motion of defendant for the trial of the issues herein by a jury, and appointing a referee to take and report the proofs in relation to the allegations contained in the petition. The questions certified were as follows: Eirst. Has the court jurisdiction to grant any relief on the facts set out in the petition ? Second. Is the Iprie County Athletic Club, the appellant, entitled to a trial by jury on the…
1Opinion of the Court
Order affirmed, with costs, on opinion below.
First question certified answered in the affirmative.
Second question certified answered in the negative.
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landón, JJ.
2Cited by6 opinions
- In re JenningsAppellate Division of the Supreme Court of the State of New York · 1909
- In re SissonAppellate Division of the Supreme Court of the State of New York · 1917
- Sisson v. ToddNew York Supreme Court · 1918
- In re LymanNew York Supreme Court · 1900
- In re CullinanNew York Supreme Court · 1905
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