Side v. Brenneman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Brenneman and another, from a judgment of the Supreme Court in favor of the plaintiffs and the defendants, Josephine Eager and others, entered in the office of the clerk of the county of Yew York on the 28th day of March, 1896,. Upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Ingraham, J.:
We think, as this action is clearly an action for partition, that the defendants’ demand for a trial by a jury, should have been granted, as under section 1544 of the Code of Civil Procedure an action for' partition is triable by a jury. The case, however, having been tried by the court without a jury on the demand of the plaintiffs, and the court having rendered a short decision under section 1022 of the Code of Civil Procedure, the plaintiffs cannot complain, if we consider the case as one triable at Special Term and determine the question involved as we would an action there…
2Cited by5 opinions
- Bryant v. ShawAppellate Division of the Supreme Court of the State of New York · 1920
- Bellinger v. TaylorNew York Supreme Court · 1911
- Bellinger v. TaylorNew York Supreme Court · 1910
- Harvey v. MetzAppellate Division of the Supreme Court of the State of New York · 1946
- Tollefson Development, Inc. v. McCarthyCourt of Appeals of Minnesota · 2003