Block v. Bacon Coal Co.

This is one of that class of cases which by section 984 of the Code “ must be tried in the county, in which one of the parties resided, at the commencement thereof.”

A jury had already been impaneled before the court learned that the cause of action arose and both parties resided in the county of Kings. Thereupon the trial justice declared that he would not try the case.

Up to this point both counsel had proceeded in evident willingness to have the trial in New York county and it was only after the court’s express refusal to try the case that defendant’s counsel moved that it be sent to Kings,…