Tuomey v. Kingsford
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John P, Tuomey, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of September, 1901, granting the defendant’s motion to change the place of trial of the action from the county of Kings to the county of Oswego.
1Opinion of the Court
Goodrich, P. J.:
The defendant moved for a change of venue from Kings county to Oswego county, stating in the notice of motion that it was made “ for the convenience of witnesses and that the ends of justice may be promoted,” using the language of subdivision 3 of section 987 of the Code of Civil Procedure. The court granted the motion,, and the plaintiff appeals.
In Litchfield v. International Paper Co. (27 Misc. Rep. 8) Mr. Justice Gaynor said : “ The statute couples together the two things as one.” The decision was reversed by this court (41 App. Div. 446), but not upon the point stated.
The…
2Cases cited2 opinions
- Litchfield v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Litchfield v. International Paper Co.New York Supreme Court · 1899
3Cited by1 opinion
- Archer v. McIlravyAppellate Division of the Supreme Court of the State of New York · 1903