Storandt v. Wakelee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Storandt, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 16th day of December, 1918, striking this cause from the trial calendar of the Monroe Equity Term on the ground that defendant is entitled to a jury trial.
1Dissent
Foote, J. (dissenting):
This cause was regularly upon the Special Term calendar for trial as an equity case. Upon motion of defendant’s counsel it was ordered stricken from that calendar on the ground that defendant was entitled to a trial by jury “as a *155matter of absolute right.” This appears both from the recitals in the order then made which is the order appealed from and from the opinion of the justice presiding at that term.
The question of defendant’s right to a jury trial as a matter of favor or in the discretion of the court was not considered and is not involved or even urged here.
Defend…
2Cases cited6 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Moot v. . MootNew York Court of Appeals · 1915
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Bennett v. Vonder BoschAppellate Division of the Supreme Court of the State of New York · 1898
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