Ellensohn v. Keyes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John S. Keyes and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk- of the county of New York on the 22d day of May, 1896, directing the trial -of certain issues of . fact .in the action by a jury -and settling the same.
1Opinion of the Court
Ingraham, J.:
Section 9Y1 of the Code contemplates two methods by which issues to be tried by a jury may be framed in an action where the party is not entitled, as a matter of right, to- such' a trial; one, where the application is made to the court, and. the other where the court, at' the trial, of its own motion,, desires the verdict of a jury to assist it in determining some question of fact at issue. Where the application is made by a party to have issues framed, rule 31 of the-General Rules of Practice provides that notice of that application must be made within ten days after issue…
2Cited by4 opinions
- Uttal v. UttalAppellate Division of the Supreme Court of the State of New York · 1910
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1903
- Furber v. Sidell, New York County Courts1957
- Rider v. BrittonAppellate Division of the Supreme Court of the State of New York · 1907