36 N.Y.S. 1007 | N.Y. Sup. Ct. | 1895
In considering the questions raised by this appeal,, it should be borne in mind that there was nothing irregular in the manner in which the learned trial justice disposed of this case at the circuit; for, although it was originally an action at law, the order interpleading the defendant transformed it into a suit in equity, and consequently neither party was entitled, as a matter of right, to a trial by jury. The court might have submitted to the jury, which, was impaneled, any or all of the traversed questions of fact, but it was under no obligation to do so, nor to adopt the conclusions of the jury had it been thus submitted. Clark v. Mosher, 107 N. Y. 118, 14 N. E. 96. With this suggestion for a guide, it is difficult to discover wherein any error has been committed which requires a reversal of the judgment and order appealed from.
The judgment and order should therefore be affirmed. All concur.