Johnson v. Millard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eugene B. Millard and another, from an order of .the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Lewis on the 18th day of March, 1922, granting plaintiff’s motion to change the place of trial from the county of Lewis to the county of Oneida.
1Per curiam
This is an action brought to recover damages for unlawfully cutting timber on land situate in Lewis county. The plaintiff resides in Oneida county and brought the action in that county. The place of trial was changed to Lewis county upon the motion of the defendants upon the ground that such was the proper county under the Code of Civil Procedure, section 982. (See Johnson v. Millard, 199 App. Div. 73.) .Thereafter the plaintiff moved to change the place of trial to Oneida county for the convenience of witnesses. The motion was granted and this appeal is from the order granting the motion.
The…
2Cases cited2 opinions
- Johnson v. MillardAppellate Division of the Supreme Court of the State of New York · 1921
- Schoonmaker v. HilliardAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Sanders v. PrescottAppellate Division of the Supreme Court of the State of New York · 1931