Ebling Brewing Co. v. Nimphius
Appellate Terms of the Supreme Court of New York
Appeal from a final order of the Municipal Court of the city of ¡New York, second district, borough of The Bronx, establishing’ the rights and liabilities of the parties upon the redemption of a lease.
1DissentDayton, J.
(dissenting).— I agree with my associates •that the learned trial judge correctly found the facts upon which the final order was issued. I cannot, however, assent to the proposition that the defendant was properly denied a jury trial, or that these proceedings conferred “ upon the (Municipal Court) justice the broad powers formerly vested in chancellors to maize a complete adjustment of all the equities between the 0parties.” The Municipal Court Act, section 1, prescribes in explicit detail the jurisdiction of that court. Subdivision 12 of that section confers jurisdiction in “ a summary…
2Cases cited4 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1896
- People ex rel. v. FitzpatrickNew York Supreme Court · 1901
- Karch v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1907