Killeen v. Kiernan

The plaintiff having joined both defendants in an action in equity has chosen his forum and has no right to a juryx trial. Davison v. Associates of Jersey Co., 71 N. Y. 333; Ettlinger v. Trustees of Sailors’ Snug Harbor, 122 App. Div. 681. It is immaterial that she might have proceeded against one of. them at law and obtained the same relief which she seeks in this action. If this could have been done, the fact remains that the plaintiff has not chosen to' do it, but has elected to come into a court of equity, thereby waiving any right that she might otherwise have had to a jury trial of the…