Marianna Clark, Respondent v. Alfred Mosher, as Administrator

Summary

The New York Court of Appeals held that an action brought under section 820 of the Code of Civil Procedure is an equitable proceeding, not triable by jury, and therefore the trial judge may disregard a jury's verdict and enter judgment based on his own findings. Accordingly, the Court reversed the General Term's order and affirmed the Special Term's judgment for the defendant.