Coleman v. Hayes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. Coleman, from an order of the Supreme Court, made at the Steuben Special Term and entered- in the office of the clerk of the county of Yates on the 12th day of January, 1903, changing the place of trial of the action from the county of Yates to the county of Steuben, for the convenience of witnesses. This action was commenced by the service of the summons on the 2d day of June, 1902. The venue was laid in the county of Tates.
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Appeal by the plaintiff, John E. Coleman, from an order of the Supreme Court, made at the Steuben Special Term and entered- in the office of the clerk of the county of Yates on the 12th day of January, 1903, changing the place of trial of the action from the county of Yates to the county of Steuben, for the convenience of witnesses. This action was commenced by the service of the summons on the 2d day of June, 1902. The venue was laid in the county of Tates. The defendant appeared by attorney and demanded a copy of the complaint on the 9th day of June, 1902, and on the nineteenth -day of July…
1Opinion of the Court
McLennan, P. J.:
The sole question presented upon this review, requiring serious consideration, is whether the defendant, by serving his notice of trial for the December Trial Term in 1902 to be held in the county of Yates, and by appearing at such term and applying for and receiving the advantage of a postponement of the trial beyond that term of court, waived his right to move the court subsequently for a change of venue to another county.
In the case of Haiz v. Starin (1 N. Y. St. Repr. 553), which was an action brought in the wrong county, and to the removal of which to the proper county…
2Cases cited1 opinion
- Rodie v. VerdonNew York Supreme Court · 1898
3Cited by4 opinions
- Ott v. KelleyNorth Dakota Supreme Court · 1934
- Jacina v. LemmiAppellate Division of the Supreme Court of the State of New York · 1913
- Schwartz v. CuylerAppellate Division of the Supreme Court of the State of New York · 1939
- Schaaf v. DennistonAppellate Division of the Supreme Court of the State of New York · 1907