Adams v. Bristol
Appellate Division of the Supreme Court of the State of New York
Appeal by the" defendant, Elias L. M. Bristol, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office'of the clerk of the county of Hew York ón the 12th day of July, 1905, as denies the said defendant’s motion to resettle and correct a decision and an interlocutory judgment theretofore entered in the above-entitled action. .
1Opinion of the Court
Ingraham, J.:
This action was for the partition of real property in which the appellant - interposed an 'answer. It came on .for trial at Special Terra; where upon the consent of the parties an order was entered sending.the issues of fact raised by the pleadings to the Trial Term for trial bv a jury.'' The trial of these issues came On at Trial Term, whereupon, .by- stipulation, the jury was dismissed and the case submitted to the justice presiding, and it was stipulated that ;the trial of all issues arising upon the pleadings proceed and be completed before Mr. Justice Clarice without a jury,…
2Cases cited1 opinion
- Farmers' National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896