Taylor v. Smith
New York Supreme Court
Appeal from special term, New York county. Action by James E. Taylor against Andrew K. Smith and others, on a promissory note. Defendants appeal from an order denying their motion to change the place of trial. For former litigation, see 8 N. Y. Supp, 519. Code Civil Proc.
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Appeal from special term, New York county. Action by James E. Taylor against Andrew K. Smith and others, on a promissory note. Defendants appeal from an order denying their motion to change the place of trial. For former litigation, see 8 N. Y. Supp, 519. Code Civil Proc. N. Y. § 986, provides: “Where the defendant demands that the action be tried in the proper pounty, his attorney must serve upon the plaintiff’s attorney, with the answer, or before service of the answer, a written demand accordingly.” Section 987 declares that the “court may, by order-change the place of trial in either of…
1Opinion of the CourtVan Brunt, P. J.
This action was commenced by the service of a summons and complaint in September, 1889,"the place of trial being named as the *30county of New York. The plaintiff resides, and resided when this'action was begun, in the county of Yates, and the defendants all resided in the county -of Steuben. In October, 1889, before answering, the defendants served on plaintiff’s attorney a written demand that the place of trial be changed to the proper county, viz., the county of Steuben. The plaintiff neglected to comply with this demand, and motion papers were served on the plaintiff’s attorney for an order…
2Cases cited1 opinion
- Taylor v. SmithNew York Supreme Court · 1890
3Cited by2 opinions
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- Houser v. LaughlinIndiana Court of Appeals · 1914