Asbestolith Manufacturing Co. v. Howland
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan, upon the verdict of a jury.
1Dissent
Page, J. (dissenting).
I am unable to concur in the opinion of the court for the reason that I believe the de*433fendant was deprived of his constitutional right to a trial of the issue of fact by a jury of twelve.
The defendant was willing to try the issue before the judge without a jury; but, when the plaintiff moved for a trial by jury, the defendant demanded that, if there should be a trial by jury, it should be a trial by a jury of twelve. There was no waiver of his right by his failure to demand a jury trial. Skinner v. Allison, 127 App. Div. 16. Nor do I think that, where the plaintiff…
2Cases cited2 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Skinner v. AllisonAppellate Division of the Supreme Court of the State of New York · 1908