People ex rel. Barry v. Keller
This text of 55 N.Y.S. 29 (People ex rel. Barry v. Keller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The order was properly granted. It was made pursuant to the terms of rule 3, made by the appellate division, First department, for the regulation of the trial term calendars. It is provided by that rule that there shall be a special calendar for trials by jury, on which shall be placed “all issues in special proceedings to be tried by a jury.” This was a special proceeding, presenting issues raised by the return to an alternative writ of mandamus. They could not be tried otherwise than by a jury, and were therefore properly placed on the special calendar referred to.
The order appealed from should be affirmed, with $10 costs and disbursements.
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Cite This Page — Counsel Stack
55 N.Y.S. 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-barry-v-keller-nyappdiv-1898.