Cantoni v. Forster

The order should be affirmed, with $10 costs and disbursements, upon the opinion filed below.

The action is of purely equitable cognizance, and the framing of issues therein entirely matter of discretion. The defendant is not entitled to a jury trial, either by constitutional considerations,, or those flowing from express provisions of law, and no right is violated by the denial thereof. Colie v. Tifft, 47 N. Y. 119 ; Colman v. Dixon, 50 id. 572 ; Powell v. Waldron, 89 id. 328; Wright v. Nostrand, 94 id. 31; Carroll v. Deimal, 95 id. 252 ; Acker v. Leland, 109 id. 5; 14 St. Rep. 23; Randall v.…