Southack v. Central Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis V. Southaok, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 9th day of May, 1901, granting the motion of the defendants Eugene Southack and others to strike the cause from the calendar.
1Opinion of the Court
Van Brunt, P. J.:
The' confusion in respect to the method of disposition of this case upon the calendar seems to have arisen from the fact that the counsel have apparently forgotten that an action in partition is one upon the equity side of the court, the judgments in which must be entered at the Special Term. It is true that either party may demand t-hat all.the issues in a partition action be tried by a jury; blit that in no way affects the general character of the action. It follows, therefore, that such an action is .properly placed upon the Special Term calendar and noticed for trial…
2Cited by4 opinions
- Tracy v. FalveyAppellate Division of the Supreme Court of the State of New York · 1905
- Kohlman v. BremerAppellate Division of the Supreme Court of the State of New York · 1926
- Fairweather v. BurlingAppellate Division of the Supreme Court of the State of New York · 1904
- Sinclair v. PurdyAppellate Division of the Supreme Court of the State of New York · 1921