United States Glass Co. v. Levett

The rights of the parties should not be adjudged upon this appeal. If, upon a trial at special term, plaintiff should not show a right to equitable relief, the complaint would be dismissed; but, if there is any doubt whether upon the pleadings equitable relief could be granted, the question should be determined upon a trial, and not otherwise.

The order should be affirmed, with $10 costs and disbursements.