Clark v. Campbell
New York Supreme Court
Motion to change place of trial. The action is brought on a promissory note and the defense is payment. This motion is made to change the place of trial from New York to Washington county as the proper county, the transaction having taken place there and the parties residing in that county.
Read the full summary
Motion to change place of trial. The action is brought on a promissory note and the defense is payment. This motion is made to change the place of trial from New York to Washington county as the proper county, the transaction having taken place there and the parties residing in that county. A demand was served with the answer on the 15th day of August, 1877, and this motion noticed October 25, 1877, more than two months after demand and after the cause had been noticed for trial in New York county. Plaintiff opposed the motion, on the ground of laches, as under the Code of Civil Procedure…
1Opinion of the CourtLawrence, J.
The plaintiff and two (if not all three) of the defendants reside in the county of Washington. That was, therefore, the proper county for the trial of the action when commenced. Even if, under section 986 of the Code of Civil Procedure, the defendants cannot, as matter of right, claim that the cause should be sent to Washington county for trial, I am of opinion that under the provisions of section 987 the court has the power to change the place of trial on the ground that New York is not the proper county, and as the parties reside in Washington county and the transactions took place there it…
2Cited by2 opinions
- McConihe v. PalmerNew York Supreme Court · 1894
- New Orleans Water-Works Co. v. St. Tammany Water-Works Co.U.S. Circuit Court for the District of Eastern Louisiana · 1882