Packard v. Packard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary W. Packard, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 21st day of July, 1903, denying the plaintiff’s motion for an order directing that the issues and questions of fact in the action be submitted to a jury. The action was commenced on the 28th day of January, 1903, by the plaintiff to obtain a bill of separation from the defendant.
1Opinion of the Court
McLennan, P. J.:
We have concluded that the power of the court in making the order appealed from, so far as it was discretionary, was not improperly exercised ; therefore, the only question presented by this appeal^ which requires examination, is whether or not the plaintiff, in an action for separation, is entitled, as matter of right, to have the issues of fact tried by a jury.
There is no statutory provision which, in express terms, entitles the plaintiff, as of right, to have such issues tried in that manner.
Section 968 of the Code of Civil Procedure provides that an action of ejectment,…
2Cited by3 opinions
- Wise v. WiseAppellate Division of the Supreme Court of the State of New York · 1913
- Platt v. PlattNew York Supreme Court · 1907
- Salsman v. SalsmanNew York Supreme Court · 1959