Heughes v. Galusha Stove Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frederick L. Henghes and another, from an order of the Supreme Court, made at. the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 19th day of June, 1907, striking the above-entitled case from the general calendar of the Trial Term on the ground that it was an equitable action and not triable by jury.
1Opinion of the Court
Williams, J.:
The order should be reversed, with ten dollars costs and disbursements.
The action, as shown by the complaint, was for nuisance, under section 1660 of the Code of Civil Procedure. Final judgment was demanded in accordance with section 1662 for damages and for the removal of the nuisance. No equitable relief was demanded. In such an action the parties have a right to a trial by jury, under subdivision 2 of section 968 of the Code of Civil Procedure. It is said, however, that while an action for nuisance, demanding damages and the removal of the nuisance, is triable by a jury as…
2Cited by4 opinions
- Heughes v. Galusha Stove Co.Appellate Division of the Supreme Court of the State of New York · 1909
- People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
- Hedges v. WellsAppellate Division of the Supreme Court of the State of New York · 1909
- Hedges v. WellsAppellate Division of the Supreme Court of the State of New York · 1909