Lyon v. Lyon
New York Supreme Court
Appeal from au order made at a Special Term, denying a motion to change the place of trial of this action. The action was brought by the plaintiff to recover, her interest in her father’s estate, which she claimed to have intrusted to the defendant, her husband, for safe keeping.
1Opinion of the Court
Pratt, L:
This is an appeal from an order denying a motion to change the place of trial of the action from' Orange to Kings county. The plaintiff and defendant are husband and wife. The defendant is a resident of Kings county and claims that the domicil of his wife is there also. Section 984 of the Code, which regulates the place of trial of actions in the cases to which this belongs, provides that the residence of the parties controls.
The cases make a distinction between residence and domicil; the domicil of a person may be in one place and his residence in another. (Frost v. Brisbin, 19…
2Cases cited3 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Vence v. VenceNew York Supreme Court · 1858