Murphy v. Callan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. J. Murphy, from an order of the Supreme Court, made at the Orange Special Term, bearing date the 1st day of June, 1901, and entered in the office of the clerk of the county of Westchester, changing the place of trial of the action from the county of Westchester to the county of Orange.
1Opinion of the Court
Willard Bartlett, J.:
The place of trial of this action has been changed, under subdivision 2 of section 983 of the Code of Civil Procedure, upon the *414ground that the cause of action- arose in the county of Orange, and that the suit is against a public officer for an act done in virtue of his office. The complaint contains nothing indicating that the defendant is or was a public officer. It simply sets out a cause of action for the conversion of two horses alleged to have been unlawfully taken by the defendant from the plaintiff, his- agents and servants.
In the answer the defendant avers that…
2Cases cited4 opinions
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Cumming v. . BrownNew York Court of Appeals · 1871
- Brown v. SmithNew York Supreme Court · 1857
- Tupper v. MorinNew York Supreme Court · 1890
3Cited by4 opinions
- Lathrop v. Twelfth Ward BankAppellate Division of the Supreme Court of the State of New York · 1911
- Philips v. LearyAppellate Division of the Supreme Court of the State of New York · 1906
- Reeve v. O'DwyerNew York Supreme Court · 1950
- Conley v. CarneyAppellate Division of the Supreme Court of the State of New York · 1908