Appellate Division of the Supreme Court of New York, 1924

Duke v. Anderson

Duke v. Anderson
Appellate Division of the Supreme Court of New York · Decided November 15, 1924 · Authority, Cochrane, Hinman, Rogers
211 A.D. 823
Duke v. Anderson

Opinion of the Court

Orders and judgment reversed on the law, with costs to the appellant, on the ground appellant did not waive her right to a jury trial by service of notice of trial for a Special Term, and upon the authority of Wheelock v. Lee (74 N. Y. 495).

All concur, except Cochrane, P. J., and Hinman, J., dissenting on the authority of Mackellar v. Rogers (109 N. Y. 468, 472).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.