¶1This is an appeal from an order of reference, and we think the order is erroneous. The action is for the partition of real property, and the issue formed by the pleadings is triable by jury, if either party so desires. The order should be reversed, with $10 costs and disbursements. All concur.
21 N.Y.S. 1107
Larder v. Granger
Decided February 13, 1893
New York Supreme Court · decided 1893-02-13
<p>Reference—Jury Trial Demanded. Reference should not be ordered of an action where the issue formed by the pleadings is triable by jury, if either party so desires.</p>
Decided 1893-02-13