Stafford v. Stafford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank B. Stafford, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 24th day of September, 1914, denying defendant’s motion for an order directing that the issue of adultery herein be tried by a jury, and settling the issue for such trial.
1Opinion of the Court
Kruse, P. J.:
We are of the opinion that the defendant did not waive his constitutional right to a trial by jury of the issue raised by his answer denying the adultery charged in the complaint. While the order granted September 11, 1914,' denying the temporary alimony, also provided that the case might be noticed for trial and placed upon the calendar of the equity term to begin October 5, 1914, and upon the first day calendar and be tried in the forepart of the term, there is nothing in the order that the defendant should be deprived of having the question of adultery tried by a jury, as is…
2Cases cited2 opinions
- Cohen v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Halgren v. HalgrenAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Moot v. . MootNew York Court of Appeals · 1915
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951