City of Syracuse, Respondent v. Thomas Hogan, Appellant, Impleaded With Others. (Action No. 1.)

Summary

The New York Court of Appeals held that the action to determine title to a twenty‑nine‑foot strip of public street is an ejectment action, and therefore the defendants are entitled to a trial by jury as a matter of right. Accordingly, the Court reversed the Special Term’s order denying a jury trial and granted the motion to strike the cause from the calendar. Justice Cardozo dissented, arguing that the action is in equity and no jury trial is required.