Sinclair v. Purdy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elvira Sinclair, in the first entitled action, from an order óf the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of November, 1920, denying plaintiff’s motion for a jury trial of the issues raised by the pleadings.
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Appeal by the plaintiff, Elvira Sinclair, in the first entitled action, from an order óf the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of November, 1920, denying plaintiff’s motion for a jury trial of the issues raised by the pleadings. Appeal by the plaintiff, Elvira Sinclair and by the defendant, Jennie A. Mapes, in the second entitled action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of December,…
1Opinion of the Court
Page, J.:
The action is for the partition of certain real estate in the county of New York. Issue was joined by some of the defendants serving answers. Other defendants defaulted, and a guardian ad litem for infant defendants served the usual answer submitting their rights.
The case was noticed for trial by the plaintiff at Special Term, Part III. When the case was called for trial the attorney for the defendant Mapes requested an adjournment to enable him to apply at Special Term, Part I, for an order directing the issues to be tried by a jury, which was granted. Thereafter, the plaintiff…
2Cases cited2 opinions
- Wadsworth v. . HinchcliffNew York Court of Appeals · 1916
- Southack v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901