Barker v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Barker, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of November, 1914.
1Opinion of the Court
Carr, J.:
This is an appeal by the plaintiff from an order made at Special Term in Westchester county, denying his motion to strike the case from the Special Term calendar on his demand for a jury trial. The action was in partition. The issue of fact arose on the pleadings as to the validity of certain deeds made by the ancestor of the plaintiff and some of the defendants. This issue was proper in an action for partition. (Curran v. Hosey, 153 App. Div. 557.)
The plaintiff did not notice the case for trial on the Special Term calendar. No issues had been framed. Section 1544 of the Code of…
2Cases cited3 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Third National Bank of Malone v. ShieldsNew York Supreme Court · 1889
- Curran v. HoseyAppellate Division of the Supreme Court of the State of New York · 1912