Ex Parte Simons - 247 U.S. 231 (1918)
U.S. Supreme Court
Ex Parte Simons, 247 U.S. 231 (1918)
Ex Parte Simons
No. 26, Original
Argued December 10, 1917
Rule absolute June 3, 1918
247 U.S. 231
Plaintiff brought an action for damages in two counts against executors in the district court in New York, the first count alleging a promise of the testatrix to bequeath a certain sum in return for plaintiff's services and the second her promise to pay their reasonable value. On motion, the first count was ordered transferred to the equity docket upon the ground that, by the law of New York, it could not be entertained at law. Held that this was an error, depriving plaintiff of the right of trial by jury, and properly rectified by mandamus.
The case is stated in the opinion.