1. Home
  2. Browse Decisions
  3. F.2d
  4. 161 F.2d
  5. 161 F.2d 499 (1947)
 

BERESLAVSKY v. CAFFEY

No. 20618.

161 F.2d 499 (1947)

BERESLAVSKY v. CAFFEY, United States District Judge.

Circuit Court of Appeals, Second Circuit.

May 7, 1947.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton & Barrows, of New York City, for petitioner.

Herbert C. Smyth, Jr., of New York City, for respondent.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The judge erred in striking the jury demand, despite the fact that more than ten days had elapsed from the service of the last pleading directed to the issues as made by the original complaint and amended answer. For, under that complaint, the plaintiff was not entitled to demand a jury, since the relief he then sought was exclusively "in equity," so that there was then no "issue triable of right by...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases