Skinner v. Allison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Giles S. Allison, from a judgment of the Municipal Court of the city of New York, borough of Richmond, in favor of the plaintiff, rendered on the 6th day of March, 1907.
1Opinion of the Court
Jenks, J.:
This action is brought in the Municipal Court to recover $500 on contract. The case came on for tidal before the court without a jury, but after submission of the evidence the court directed that a trial of the issue of fact should be had by jury, pursuant to section 232 of the Municipal Court Act (Laws of 1902, chap.. 580). The return shows on the trial day present a justice “ and a jury (6) ” ; that both parties appeared ; that there was an amendment of the pleading asked by the defendant and allowed, and that thereupon the defendant demanded a jury'of 12 and took an exception to…
2Cases cited2 opinions
- Hand v. . KennedyNew York Court of Appeals · 1880
- Porter v. People ex rel. CassNew York Supreme Court · 1852
3Cited by1 opinion
- Asbestolith Manufacturing Co. v. HowlandNew York Supreme Court · 1910