Shepard v. Squire
New York Supreme Court
Appeal from special term, Monroe county. Action by Floyd 0. Shepard, Philo Osgood, and William S. King against Watson 0. Squire and Ida Squire. From an order granting a motion to change the place of trial from Monroe to Herkimer county, plaintiffs appeal. Affirmed. ■ The action was commenced by the service of the summons May 8, 1893. The complaint was served by mail upon the defendants’ attorney June 22d, and their answer was served July 20th.
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Appeal from special term, Monroe county. Action by Floyd 0. Shepard, Philo Osgood, and William S. King against Watson 0. Squire and Ida Squire. From an order granting a motion to change the place of trial from Monroe to Herkimer county, plaintiffs appeal. Affirmed. ■ The action was commenced by the service of the summons May 8, 1893. The complaint was served by mail upon the defendants’ attorney June 22d, and their answer was served July 20th. Before answering, and on July 5th, a written demand was served that the place of trial be changed from Monroe county, which was that designated in the…
1Opinion of the CourtBradley, J.
The defendants were at the time of the commencement of the action, and are, residents of the state of Washington. The subject of the action is land situated in that state. The plaintiff King is, and has for several years been, a resident of the state of Minnesota. The place of residence of the other plaintiffs is Hion, in the county of Herkimer, H. Y. This action comes within those to which is applicable the statute which provides that an action “must be tried in the county in which one of the parties resided at the time of the commencement thereof.” Code Civ. Proc. § 984. And because none of…
2Cases cited1 opinion
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
3Cited by2 opinions
- Bulkley v. O'DonnellNew York Supreme Court · 1933
- Smith v. SpencerNew York Supreme Court · 1943