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Maytham v. Eddy

140 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1913-03-12 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1131
MAYTHAM, Respondent, v. EDDY, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 12, 1913.)

Headnote

Action by Mary T. Maytham against Elizabeth A. Eddy.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 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.

dissents, upon the ground that the discretion of the court at Special Term was properly exercised.