Johnson v. Delano

In this action plaintiffs have filed a note of issue for a trial in equity by the court. The action has been placed on the Special Term Calendar of this court for the trial of equity actions.

Upon receipt of plaintiffs’ note of issue, defendants, within the six days prescribed by section 426 of the Civil Practice Act, demanded a jury trial. The calendar clerk has rightfully declined to place the matter on the calendar for trials by jury without an order of this court, since to do so requires him to pass on the question as to whether the action is one specified in section 425 of the Civil…