Eaton v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Walter R. Eaton against Charles W. Hall. From an order denying a change of venue, defendant appeals. Affirmed.
1Opinion of the CourtHirschberg, J.
The action was brought in the municipal court of the city of New York, borough of Brooklyn, to recover damages for a trespass alleged to have been committed in the borough of Manhattan. The defendant having, in his answer, set forth facts *888showing- that the title to real property would come in question upon the trial, the action was discontinued in the municipal court, and a “new action” brought, pursuant to the provisions of section 2953 of the Code of Civil Procedure. The new action was brought in the supreme court in Kings county. The defendant, with his answer, duly served a demand that…
2Cases cited8 opinions
- Lapham v. . RiceNew York Court of Appeals · 1874
- Graves v. McKeonNew York Supreme Court · 1846
- Cook v. . NellisNew York Court of Appeals · 1858
- La Rue v. . SmithNew York Court of Appeals · 1897
- Rundle v. GordonAppellate Division of the Supreme Court of the State of New York · 1898
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