Sinnit v. Cambridge Valley Agricultural Society & Stock Breeders' Ass'n

The motion to change the place of trial of this action was first heard at the Saratoga Special'Term in 1897. Before the motion was heard on the merits a preliminary objection was made relating to the sufficiency of the moving papers and the motion was denied. An appeal was taken and the Appellate Division (27 App. Div. 318) reversed the order of the Special Term, and further ordered, “ That the motion be remitted to the Special Term to be considered upon the merits.” The motion now comes on to be heard pursuant to such order. The defendant insists that the plaintiff should not be allowed to…