People ex rel. Havron v. Dalton
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, David Havron, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 18th day of Hovember, 1901, dismissing an alternative writ of mandamus theretofore issued in the proceeding.
1Opinion of the Court
Willard Bartlett, J.:
This case must be sent back to the judge before whom it was tried in order that he may make and file a decision. The proceeding is based upon an alternative writ of mandamus. The Code of Civil Procedure provides that an issue of fact, joined upon such a writ, must be tried by a jury unless a jury trial is waived or a reference is directed by consent of the parties. (Code Civ. Proc. § 2083.) In the present case a jury trial was waived, and the issues were tried before a judge, who determined them in favor of the respondents; and made a final order dismissing the writ. The…
2Cases cited1 opinion
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Ventimiglia v. . EichnerNew York Court of Appeals · 1914
- Edinger v. McAvoyAppellate Division of the Supreme Court of the State of New York · 1909
- Hager v. ArlandNew York Supreme Court · 1913
- Katzenstein v. Amsterdam Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1947