Gifford v. Town of Gravesend
New York Supreme Court
Motion for change of venue. This was an action of ejectment by Maria Gifford and Chauncey W. Clark, against the Town of Graves-end, Kings county, New York, to recover possession of the Coney Island lands. The plaintiffs, who claimed to be heirs of the original patentees to whom the lands in. question were granted, resided in Rochester, and brought the action in Monroe county.
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Motion for change of venue. This was an action of ejectment by Maria Gifford and Chauncey W. Clark, against the Town of Graves-end, Kings county, New York, to recover possession of the Coney Island lands. The plaintiffs, who claimed to be heirs of the original patentees to whom the lands in. question were granted, resided in Rochester, and brought the action in Monroe county. The defendant served a demand that the action be tried in the proper county, which plaintiff had not complied with, and defendant made this motion for change of the place of trial. No answer had been served in the…
1Opinion of the CourtRgmsey, J.
The action of ejectment is local, and the place of trial stated in the complaint should, in first instance, be the county in which the lands are located, which, in this ease, is Kings (Code Civ. Pro. % 982); and if not so laid, the defendant may, at or before service of answer, serve a demand that it be tried in the proper county, and if plaintiff does not comply with such demand, may move to change the place of trial, as he does in this case (Id. § 986).
There is no substantial difference between the old and the new Code, in regard to the place of trial to be stated in the complaint, and the…
2Cases cited6 opinions
- Hubbard v. National Protection InsuranceNew York Supreme Court · 1855
- Park v. CarnleyNew York Supreme Court · 1852
- Wood v. HollisterNew York Supreme Court · 1856
- Mason v. BrownNew York Supreme Court · 1852
- Starks v. BatesNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McConihe v. PalmerNew York Supreme Court · 1894
- Sylvester v. LewisAppellate Division of the Supreme Court of the State of New York · 1900