Becker v. Town of Cherry Creek
New York Supreme Court
Appeal from special term, Brie county. Action by Philip Becker against the town of Cherry Creek. From an order denying a motion to change the place of trial from Erie to Chautauqua county, for the convenience of witnesses, defendant appeals. Affirmed. For former report, see 24 N. Y. Supp. 19.
1Opinion of the CourtHaight, J.
This action was brought August 12, 1892, and issue was joined November 12, 1892. The case was first noticed for trial by the plaintiff, and put upon the calendar for the Erie November circuit. Thereupon, a motion was made by the defendant to change the venue to Chautauqua county, on the ground that that was the proper county for the trial of the action. This *280motion was denied. The case was then again noticed for trial toy the plaintiff, and placed upon the calendar for the February circuit. An appeal was then taken to the general term from the order denying the motion for a change of venue,…
2Cases cited5 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Franklin County v. German Savings BankSupreme Court of the United States · 1891
- Becker v. Town of Cherry CreekNew York Supreme Court · 1893
- Garlock v. DunkleNew York Supreme Court · 1840
- Moreland v. SanfordCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Case v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1932
- Thatcher v. KitzingAppellate Division of the Supreme Court of the State of New York · 1934