Rubin v. City of Syracuse

Per Curiam:'

After issue joined in this action both parties placed it-upon the Special Term (or Equity) calendar for trial. Thereafter the defendant, appellant, moved to strike the cause from said calendar, upon the ground that defendant was entitled to a jury trial as a matter of right. The motion was denied, and this appeal results.

The complaint, speaking generally, alleges that the plaintiffs are the owners and in possession of certain real estate in Syracuse; that the State sold part of said lands to defendant; that at that time the State had no title, and that, therefore, the transfer was…