Lazier Gas Engine Co. v. Yokom
New York Supreme Court
Appeal from City Court of Buffalo. Action by Lazier Gas Engine Company against Edward O. Yokom. From an order refusing to dismiss the jury, plaintiff appeals.
1Opinion of the CourtLambert, J.
The summons in this action issued out of the City Court of Buffalo was returnable February 15, 1910, upon which day defendant appeared by his attorney. By consent of both parties, the ■case was from time to time adjourned until March 8, 1910, when defendant filed his answer. Pursuant to the act establishing that court (chapter 570, Laws 1909), either party could have then demanded a jury trial; but, unlike the Justices’ Court act, or the act constituting the Municipal Court of New York City, which limit the right of either party to demand a jury trial to the time when issue is joined, this…
2Cases cited4 opinions
- Baird v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Reese v. BaumAppellate Division of the Supreme Court of the State of New York · 1903
- Tracy v. FalveyAppellate Division of the Supreme Court of the State of New York · 1905
- Martin v. BordenAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Farmers Handy Wagon Co. v. Casualty Co. of AmericaSupreme Court of Iowa · 1918