Packard v. Packard
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Onondaga County. Action to obtain a bill of separation by Mary W. Packard against Moses Packard. From an order denying a motion for the submission of the issues and questions of fact to the jury, plaintiff appeals. Affirmed.
1Opinion of the CourtMcLENNAN, P. J.
We have concluded that the power of the court in making the order appealed from, so far as it was discretionary, was not improperly exercised. Therefore the only question presented by this appeal which requires examination is whether or not the plaintiff in an action for separation is entitled, as matter of right, to have the issues of fact tried by a jury. There is no statutory provision which in express terms entitles the plaintiff, as of right, to have such issues tried in that manner. Section 968 of the Code of Civil Procedure provides that an action of ejectment, for dower, for waste,…
2Cited by1 opinion
- Platt v. PlattNew York Supreme Court · 1907