Birch Building Corp. v. Thorp

Action to foreclose a mechanic’s lien. Appellants Thorp and Paris in their answer interposed a counterclaim against the plaintiff and certain impleaded defendants and moved for a jury trial on framed issues in respect of the counterclaim. They also moved to examine before trial the plaintiff and the impleaded defendants. Prom an order denying their motion to frame issues and for a jury trial, and denying in part their motion for an examination before trial, Thorp and Paris appeal. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. The general rule in equity in…