Colman v. . Dixon
New York Court of Appeals
Appeal from order of the Superior Court of the city of Hew York, affirming an order of Special Term denying defendant’s motion for an order settling issues in the action to be tried by a jury. The nature of the action and the facts sufficiently appear in the opinion. Defendant’s right to a trial by jury in this’ case is a constitutional right the court cannot deny. (Const.
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Appeal from order of the Superior Court of the city of Hew York, affirming an order of Special Term denying defendant’s motion for an order settling issues in the action to be tried by a jury. The nature of the action and the facts sufficiently appear in the opinion. Defendant’s right to a trial by jury in this’ case is a constitutional right the court cannot deny. (Const. N. Y., art. 1, § 2; Wynehamer v. People, 13 N. Y., 426; Greason v. Keteltas, 17 id., 498 ; Heywood v. City of Buffalo, 14 id., 534; Barlow v. Scott, 24 id., 40; Bradley v. Aldrich, 40 id., 504; Lattin v. McCarty, 41 id.,…
1Opinion of the CourtBatallo, J.
The complaint prays a perpetual injunction against the future use by the defendant of the plaintiffs’ trademark, and also damages for the past use by the defendant of the same trade-mark. The defendant, before the cause came on for trial, moved at Special Term for an order settling issues in the action for trial by jury. The proposed issues accompanying the notice of motion relate solely to the right of the plaintiffs to the trade-mark, and to the question whether the defendant has violated that right. The motion was denied at Special Term, and the order denying it was affirmed at General…
2Cases cited1 opinion
- Davis v. . MorrisNew York Court of Appeals · 1867
3Cited by9 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Wright v. . NostrandNew York Court of Appeals · 1883
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Deeves v. Metropolitan Realty Co.New York Court of Common Pleas · 1893
- People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
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