Riggs v. Shannon
New York Court of Common Pleas
Action by John Riggs against Margaret Shannon and Thomas Shannon to foreclose a mechanic’s lien. Plaintiff moves the court for a jury trial as to-certain issues of fact.
1Opinion of the CourtBookstaver, J.
Tlie action is brought in the usual form, to foreclose a mechanic’s lien, and the contention is that in such actions the plaintiff is entitled, as a matter of right, to try all questions of fact by a jury. Section 8, c. 342, Laws 1885, governing mechanics’ liens, provides that “the manner and form of instituting and prosecuting any such action to judgment * * * shall be the same as in actions for the foreclosure of mortgages upon real property, except as herein otherwise provided.” Actions to foreclose mortgages on real estate are invariably tried by the court without a jury, and the…
2Cases cited2 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Schillinger Fire-Proof Cement & Asphalt Co. v. ArnottNew York Supreme Court · 1891
3Cited by1 opinion
- In re BrennerNew York Supreme Court · 1901