Eaton v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles W. Hall, from an order of the Supreme Court, made at the Rings County Special Term, hearing date the 19th day of June, 1902, and entered in the office of the clerk of the county of Kings, denying the defendant’s motion to change the place of trial of the action from the county of Kings to the county of New York.
1Opinion of the Court
Hirschberg, J.:
The action was brought in the Municipal Court of the city of New York, borough of Brooklyn, to recover damages for a trespass alleged to have been committed in the borough of Manhattan. The defendant having in his answer set forth facts showing that the title to real property would come in question upon the trial, the action was discontinued in the Municipal Court, -and a “new action” brought pursuant to the provisions of section 2953 of the Code of Civil Procedure. The new action was brought in the Supreme Court in Kings county. The defendant with his answer duly served a…
2Cases cited7 opinions
- Lapham v. . RiceNew York Court of Appeals · 1874
- Graves v. McKeonNew York Supreme Court · 1846
- Cook v. . NellisNew York Court of Appeals · 1858
- La Rue v. . SmithNew York Court of Appeals · 1897
- Rundle v. GordonAppellate Division of the Supreme Court of the State of New York · 1898
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