Baylis v. Bullock Electric Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bullock Electric Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 13th day of July, 1900, upon the decision of the .court rendered after a trial at the Hew .York Special Term.
1Opinion of the Court
Van Brunt, P. J.:
In this case we think the court erred, in view of the position taken by the defendant prior to the production of any evidence upon the trial, in disposing of the case without the intervention of *577a jury. The complaint in the action was not one which gave to the defendant upon its face a right to a jury trial. Section 968 of the Code provides that an issue of fact must be tried by a jury, unless a jury trial is waived or a reference is directed, in an action in which the complaint demands judgment for a sum of money only, or in an action of ejectment, for dower, for waste, for…
2Cases cited3 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Marshall v. de CordovaAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Moe v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1919
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Westergren v. EverettAppellate Division of the Supreme Court of the State of New York · 1926
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
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