Rawls v. Carr
New York Supreme Court
Appeal from an order denying a motion to change place of trial. This action was brought by Henry Bawls- and C. St. John ■ Seymour against William W. Carr, Máry P. Carr, and said Mary as administratrix of Joseph C. Stone.
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Appeal from an order denying a motion to change place of trial. This action was brought by Henry Bawls- and C. St. John ■ Seymour against William W. Carr, Máry P. Carr, and said Mary as administratrix of Joseph C. Stone. The complaint set out that the plaintiffs were factors and agents of the late firm of J. C. Stone & Co.," and claimed the discovery of the balance due plaintiffs upon their dealings with that firm, to have the accounts, of plaintiffs with that firm stated,, the balance due ascertained, and then to have the assets of the firm and its survivor, and of the administratrix of the…
1DissentLeonard, J.
This motion comes up on an appeal from an order denying a motion to change the place of trial. It is insisted by the defendant, Mrs. Carr, that the action is local, within the meaning of section 123 of the Code of Procedure. The first subdivision of that section declares that the action must be tried in the county in which the subject of the action, or some part thereof, is situated, where (among other cases) it is for the determination, in any form, of a right or interest in real property.
The present action is brought to subject certain land at Rochester, which has been conveyed to Mrs.…
2Cases cited1 opinion
- Starks v. BatesNew York Supreme Court · 1854
3Cited by2 opinions
- State ex rel. Barrett v. District CourtSupreme Court of Minnesota · 1905
- Ely v. LowensteinNew York Supreme Court · 1870