Legal Opinion

Jackson v. Jackson

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1938PublishedCited by 3 opinions

1Opinion of the Court

Order setting aside the verdict of a jury, dismissing the complaint and directing entry of judgment in favor of defendant, and judgment entered thereon, reversed on the law, without costs, motion of defendant denied, without costs, and matter remitted to Special Term for trial. A jury trial, upon application of either party, is a matter of right. (Civ. Prac. Act, § 1142.) The verdict of the jury, therefore, was conclusive. (Civ. Prac. Act, § 429; Lowenthal v. Lowenthal, 157 N. Y. 236; Tousey v. Tousey, 214 App. Div. 785; Burns v. Hasbrouck, 124 Misc. 282; affd., without opinion, 213 App. Div.…

2Cases cited4 opinions

  1. Lowenthal v. . LowenthalNew York Court of Appeals · 1898
  2. Burns v. HasbrouckNew York Supreme Court · 1924
  3. Burns v. HasbrouckAppellate Division of the Supreme Court of the State of New York · 1925
  4. Tousey v. TouseyAppellate Division of the Supreme Court of the State of New York · 1925

3Cited by3 opinions

  1. Baxter v. BaxterNew York Supreme Court · 1957
  2. Sefranka v. SefrankaNew York Supreme Court · 1947
  3. Sefranka v. SefrankaNew York Supreme Court · 1948

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