Wadsworth v. Georger
New York Supreme Court
Motion by defendant to change the place of trial from New York county to Erie county. Daniel Wadsworth and another sued Frank L. Georger for goods sold and. delivered. The summons and complaint designated New York county as the place of trial.
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Motion by defendant to change the place of trial from New York county to Erie county. Daniel Wadsworth and another sued Frank L. Georger for goods sold and. delivered. The summons and complaint designated New York county as the place of trial. Defendant’s demand for a change of the place of trial to Erie county not being granted, he made this motion upon the ground that he resided in Erie county, where the cause of action arose, and that both the plaintiffs resided in Kings county. In opposition to the motion, it appeared that, after notice of the motion, but within the time allowed,66…
1Opinion of the CourtLawrence, J.
I think that the counsel for the defendant is right in his position that the cases cited by the learned counsel for the plaintiff do not apply, for the reason that those cases all arose under the. old Code, which did not require that the summons should specify the county in which the plaintiff desires the trial to be had. (See Code of Procedure, Wait’s edition, section 128, original section 107.)
Section 417 of the Code of Civil Procedure provides that the summons among other things must contain “ the name of the county in which the plaintiff desires trial.” It has been held that the…
2Cases cited5 opinions
- Graves v. . WaiteNew York Court of Appeals · 1874
- Moulton v. BeecherNew York Supreme Court · 1876
- Osborn v. McCloskeyNew York Supreme Court · 1878
- Blanchard v. StraitNew York Supreme Court · 1853
- Mapes v. BrownNew York Supreme Court · 1884
3Cited by3 opinions
- Pierson v. MorganNew York Supreme Court · 1887
- Barbera v. QuittnerAppellate Division of the Supreme Court of the State of New York · 1912
- McCosker v. SmithNew York Supreme Court · 1891