Scott v. Van Patten

Appeal from an order of the Supreme Court, Sullivan County Special Term, which consolidated the two above-entitled actions and directed that the same he tried in Sullivan County, and also denied the cross motion of defendant in Action No. 1 to change the place of trial in said action to the County of *1039Cortland. We think the discretion of the court below was improvidently exercised. Undoubtedly the actions should be consolidated, but the defendant in Action No. 1 has produced overwhelming proof of the convenience of material and necessary witnesses who reside in the County of Cortland. The…