Page v. Herkimer Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Herkimer Lumber Company and others, from an order of the Supreme Court, made at the Herkimer. Special Term and entered in the office of the clefk of the county of Herkimer on .the 19th day of September, 1905, denying the defendants’ motion for a jury trial Of certain issues..
1Opinion of the Court
Hiscock, J.:
Defendants, upon their appeal, insist that the complaint in this action sets fqrth two independent complete-causes of action against them for treble damages under sectiotis-' 1667 and 1668 of the Code of Civil Procedure, for cutting down and carrying off trees and timber, and that they have an absolute constitutional right to have such issues tried before a jury, and of which right they cannot be deprived because plaintiff has combined in the same complaint said •causes of action with an alleged equitable cause of action.
If we are compelled to construe plaintiff’s complaint as…
2Cited by3 opinions
- Fontana v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1963
- Rice v. City of New YorkNew York Supreme Court · 1962
- Pennington v. AnoAppellate Division of the Supreme Court of the State of New York · 1925