Bank of Silver Creek v. Browning
New York Supreme Court
Appeal from, a j udgment. This was an action by a banking association formed under* the general law, upon two drafts drawn by John G-. Browning, the defendant. The defence was infancy. The county named in the summons and complaint as that where the action was laid.was the county of Chautauqua.
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Appeal from, a j udgment. This was an action by a banking association formed under* the general law, upon two drafts drawn by John G-. Browning, the defendant. The defence was infancy. The county named in the summons and complaint as that where the action was laid.was the county of Chautauqua. Some time before the trial, the defendant applied to a j udge of the Supreme Court, in the first judicial district, for an order requiring the examination of his father, William Browning, as a witness,- on the ground that he was aged and infirm, and would not be able to attend the trial. The order was…
1Opinion of the Court
By the Court.*—Marvin, J.
Had the justice in the first disti’ict authority to make the order, and take the examination *278of William Browning? By the Code, “Every direction of a court or j udge, made or entered in writing, arid not included in the judgment, is denominated an order.” (§ 400.) An application for an order is a motion. Motions must be made within the district in which the action is triable, or in a county adjoining that in which it is triable, except that when the action is triable in the first judicial district the motion must be made therein, and no motion can be made in the first…
2Cases cited3 opinions
- Goodsell v. MyersNew York Supreme Court · 1830
- Gay v. BallouNew York Supreme Court · 1830
- Burdell v. BurdellThe Superior Court of New York City · 1852