Stafford v. Lesser

Appellate Terms of the Supreme Court of New York

Stafford v. Lesser

121 N.Y.S. 224

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 18, 1910

StatusPublished

This text of 121 N.Y.S. 224 (Stafford v. Lesser) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stafford v. Lesser, 121 N.Y.S. 224 (N.Y. Ct. App. 1910).

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Opinion

BIJUR, J.

It appears sufficiently from the record that appellant paid the jury fee when issue was joined, and demanded a jury trial. When, by reason of adjournments, this jury fee had been “exhausted,” and the case came on for trial thereafter, appellant tendered a new jury fee, and again demanded a jury trial. Its refusal constitutes reversible error.

Participation in the subsequent trial was not a waiver of his right to a trial by jury. Stevenson v. Brooks, 62 Misc. Rep. 489, 115 N. Y. Supp. 118.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

It appears sufficiently from the record that appellant paid the jury fee when issue was joined, and demanded a jury trial. When, by reason of adjournments, this jury fee had been “exhausted,” and the case came on for trial thereafter, appellant tendered a new jury fee, and again demanded a jury trial. Its refusal constitutes reversible error.

Participation in the subsequent trial was not a waiver of his right to a trial by jury. Stevenson v. Brooks, 62 Misc. Rep. 489, 115 N. Y. Supp. 118.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

121 N.Y.S. 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stafford-v-lesser-nyappterm-1910.

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