Schillinger Fire-Proof Cement & Asphalt Co. v. Arnott
New York Supreme Court
Action by the Schillinger Fire-Proof Cement & Asphalt Company against William H. Arnott and others, to foreclose a mechanic’s lien. Defendant demurs to the complaint.
1Opinion of the CourtAndrews, J.
The first ground of demurrer to the complaint is that the court has not jurisdiction of the subject of the action. The argument in support of this ground of demurrer is substantially as follows: The constitution of this state, adopted in 1846, (article 1, § 2,) declares that trial by jury should, “in all cases in which it has been heretofore used, remain inviolate forever;’’ that, at the time of the adoption of this constitution, trial by jury was in use in actions to foreclose mechanics’ liens; that existing laws do not provide for trial by jury in actions of that description, and…
2Cases cited12 opinions
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Nichols v. . DrewNew York Court of Appeals · 1883
- Bangs v. McIntoshNew York Supreme Court · 1857
- Burroughs v. . TostevanNew York Court of Appeals · 1879
- Oesterreicher v. Sporting Times Pub. Co.City of New York Municipal Court · 1889
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3Cited by2 opinions
- Schillinger Fire-Proof Cement & Asphalt Co. v. ArnottNew York Supreme Court · 1895
- Riggs v. ShannonNew York Court of Common Pleas · 1891