Larder v. Granger , 51 N.Y. St. Rep. 185 ( 1893 )

DYKMAN, J.

This 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.