Ganz v. Edison Electric Illuminating Co.
New York Supreme Court
Appeal from special term, Westchester county. Action by George Ganz against the Edison Electric Illuminating Company of New York. From an order denying a motion to change the place of trial, defendant appeals.
1Opinion of the CourtCullen, J.
This is an appeal from an order denying defendant’s motion to change the place of trial. The venue was laid in Westchester county, and the application wa's based on the ground that such was not the proper county, neither party residing therein. The facts were conceded, but the motion was resisted on the ground that the demand for change of place of trial was not. served till some hours after the service of the answer, though served upon the same day. We think that the demand was served in time. The general rule is that the court will not divide a day into fractions, except, for the purpose of…
2Cases cited4 opinions
- Clute v. CluteNew York Supreme Court · 1847
- Small v. M'ChesneyNew York Supreme Court · 1824
- Jones v. PorterNew York Supreme Court · 1852
- Blydenburgh v. CothealNew York Court of Appeals · 1851
3Cited by2 opinions
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- McHarg v. Commonwealth Finance Corp.South Dakota Supreme Court · 1921