Equitable Gaslight Co. v. French
New York Court of Common Pleas
Appeal from Sixth district court. Action by the Equitable Gaslight Company against Sarah- H.. French. There was a judgment in favor of defendant, and plaintiff appeals.
1Opinion of the CourtBischqff, J.
This is an appeal from a judgment rendered in. . favor of the defendant for dismissal of the complaint upon refusal of the plaintiff to proceed with the action when called for trial before-a jury in the court below, the ground of. such refusal being that the-defendant had failed to comply with section 1377 of the consolidation, act (Laws 1882, c. 410), whereby it is provided that, “before a party can be entitled to a jury, he must deposit with the clerk at the time-*813he demands a trial by jury, the sum oí three dollars and the officer’s fees for summoning the jury,” etc, Upon the return day of…
2Cases cited3 opinions
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Becker v. SitterlyNew York County Court, Montgomery County · 1878
- Ripley v. JaussenNew York Court of Common Pleas · 1894