Manheim v. Seitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Seitz, from a judgment of the Supreme Court in favor of the plaintiff, bearing date the 9th day of May, 1898, and entered in the office of the clerk of the county of King's upon an order made at. the Kings County Special Term, bearing date the 28th day of March, 1898, and entered in said clerk’s office, affirming a judgment -of a justice of the Municipal Court of the city of New York, in and for the borough of Brooklyn.
1Opinion of the Court
Woodward, J.:
The interesting question is presented on this argument whether a party to an action in a Justice’s Court having failed to demand a jury at the time of joining issue, as provided by section 3127 of the Code of Civil Procedure, may, upon a retrial of the action, after appeal, demand trial by-jury. While there is some reason to doubt this right, we are inclined to believe that it should be granted where the demand is seasonably made upon the parties appearing for retrial. The difficulty which we find in this case is not, however, the disposition which should be made of the question…
2Cases cited1 opinion
- Boechat v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Leach v. AuwellAppellate Division of the Supreme Court of the State of New York · 1912
- Handy v. ButlerAppellate Division of the Supreme Court of the State of New York · 1918
- Tracy v. FalveyAppellate Division of the Supreme Court of the State of New York · 1905
- Asbestolith Manufacturing Co. v. HowlandAppellate Division of the Supreme Court of the State of New York · 1911
- Tracy v. FalveyAppellate Division of the Supreme Court of the State of New York · 1905
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