Moot v. Moot
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret A. Moot, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Schenectady on the 10th day of August, 1914, granting plaintiff’s motion to settle the issues herein for a trial by jury.
1Opinion of the Court
Howard, J.:
This is an action for an absolute divorce. The issue of adultery was joined by the pleadings. The plaintiff herein did not apply to the court to have that issue tried by a jury, and to have it distinctly and plainly stated, until after more than twenty days had elapsed after the joinder of issue. Rule 31 of the General Rules of Practice requires that such an application must be made within twenty days after the joinder of issue. The rule further declares that a failure to make the application within such time constitutes a waiver of the right to a jury trial. Therefore, the only…
2Cases cited3 opinions
- Cohen v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Halgren v. HalgrenAppellate Division of the Supreme Court of the State of New York · 1914
- Moot v. MootNew York Supreme Court · 1914
3Cited by4 opinions
- Marco v. SachsNew York Supreme Court · 1960
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
- Moot v. MootAppellate Division of the Supreme Court of the State of New York · 1914
- Murphy v. SolomonNew York Supreme Court · 1961