Leland v. Hathorn
New York Court of Appeals
Appeal from au order of the General Term of the Supreme Court in the second district, affirming an order of the Special Term, denying the defendant’s motion to change the place of trial from the county of Westchester to the county of Saratoga, on the ground that the latter is the proper county.
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Appeal from au order of the General Term of the Supreme Court in the second district, affirming an order of the Special Term, denying the defendant’s motion to change the place of trial from the county of Westchester to the county of Saratoga, on the ground that the latter is the proper county. The complaint alleges, that the plaintiff is the owner of the Hnion Hotel, in the village of Saratoga, and, as such owner, was assessed and paid $1,040.35 for the laying out of Spring street, in that village; that the defendant occupies premises opposite to the property of the plaintiff, and has…
1Per curiam
The action is to enjoin an apprehended injury to real property, and is a local action, within subdivision 1 of section 123 of the Code of Procedure.
The order is appealable to this court.
Orders reversed with costs, and place of trial changed to Saratoga county.
2Cited by8 opinions
- White v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
- Cox v. Railway Co.Supreme Court of Arkansas · 1892
- Litchfield v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Greeley v. WinsorSouth Dakota Supreme Court · 1891
- Thompson v. HeidenrichNew York Supreme Court · 1883
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