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Maythan v. Eddy

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 943 (N.Y. App. Div. 1913)

Opinion

March, 1913.


Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, the action having proceeded to trial with the evidence closed and ready for submission to the court for its determination, the order transferring the cause to the jury calendar was unauthorized, and in any event upon the pleadings as they now stand plaintiff is not entitled to a jury trial. All concurred, except McLennan, P.J., who dissented upon the ground that the discretion of the court at Special Term was properly exercised.


Summaries of

Maythan v. Eddy

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 943 (N.Y. App. Div. 1913)
Case details for

Maythan v. Eddy

Case Details

Full title:Mary T. Maythan, Respondent, v. Elizabeth A. Eddy, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1913

Citations

155 App. Div. 943 (N.Y. App. Div. 1913)