Delano v. Rice
New York Supreme Court
Motion at Special Term by the defendant for an order vacating and setting aside the judgment herein in favor of the plaintiff, dismissing the defendant’s counterclaim, entered in the clerk’s office of the county of New York on the 7th day of February, 1899. The facts of the case are stated in the opinion.
1Opinion of the CourtBeekman, J.
The cause of action set out in the complaint and put in issue by the defendant’s answer is a common-law one, and the issues thus raised must, therefore, be tried before a jury. The de>fendant, however, has also pleaded a counterclaim of an equitable nature, to which the plaintiff has replied, thus presenting an issue triable at Special Term. By an order of this court the issues thus raised upon the counterclaim were ordered to be separately tried, and to that end to be placed on the Special Term calendar. When they were reached for trial, the defendant declined to piit in any proof, and…
2Cases cited1 opinion
- Post v. MoranNew York Court of Common Pleas · 1882
3Cited by1 opinion
- Cox v. ClarkeNew York Supreme Court · 1904